Pandurang Balwant Jorwar v. State Of Maharashtra

517. IA 1437-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1437 OF 2024 IN BAIL APPLICATION NO. 4266 OF 2023 Pandurang Balwant Jorwar .Applicant

Versus

The State of Maharashtra .Respondent Mr. Yogesh Birajdar i/b. Mr. Nagraj Shinde, for the Applicant. Mr. S. S. Chaudhari, APP, for the Respondent - State.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

09.05.2024 P. C.

1.

Heard Mr. Birajdar, learned Counsel for the Applicant and Mr. Chaudhari, learned APP for the Respondent - State. 2.

The present Interim Application is preferred seeking relaxation/modification of the condition Nos.(c) & (e) imposed on the Applicant while granting bail by Order dated 04.01.2024 passed by this Court in B. A. No.4266 of 2023. The said condition Nos.(c) & (e) are as under:

"(c) The Applicant shall not enter the area covered under the jurisdicton of village Mire, Tal. Malshiras, Dist. Solapur on being released on bail, except for reporting to the Investigating Officer, if called." "(e) The Applicant shall report to the Akluj Police Station, Solapur once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the trial concludes."

3.

It is the contention of Mr. Birajdar, learned Counsel for the Applicant that the Applicant is an agriculturist and the same is his Anand Page No.1

517. IA 1437-2024.doc source of income. He also pointed out 7/12 extract of the ancestral land in question and also pointed out the Order dated 07.10.2023 passed by the learned Additional Sessions Judge, Malshiras, District - Solapur, by which the Bail Application of his son was granted and same condition has been imposed. He therefore submitted that there are no other male members in the family. He states that the only source of income of the Applicant is to carry out agricultural activities on the ancestral land which has come to his share. He submitted that the condition No.(c) may be relaxed and that he may be allowed to enter the area covered under the jurisdiction of village Mire, Tal. Malshiras, Dist. Solapur.

4.

Although in the Application, the Applicant has also sought relaxation of condition No.(e), however, Mr. Chaudhari, learned APP vehemently opposed the Application of modification. Mr. Birajdar, learned Counsel for the Applicant, on instructions, submitted that he is only seeking modification of condition No.(c) and he has instructions not to press for modification of condition No. (e). 5.

Accordingly, condition No.(c) imposed by Order dated 04.01.2024 passed by this Court in B. A. No.4266 of 2023 is relaxed and the same is deleted.

6.

It is clarified that all other conditions imposed by Order dated 04.01.2024 shall be scruplously followed by the Applicant. 7.

The Interim Application stands disposed of in above terms. [MADHAV J. JAMDAR, J.] Anand Page No.2