Mahesh Rajaram Kadam v. State Of Maharashtra

Vijay 44A.IA.2650.2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2650 OF 2023 IN CRIMINAL BAIL APPLICATION NO. 2218 OF 2022 Mahesh Rajaram Kadam ....Applicant

Versus

The State of Maharashtra ....Respondent ----- Mr. Ganesh Bhujbal, Advocate i/b. Mr. Ashok Misal, Advocate for the Applicant.

Ms. Pallavi N. Dabholkar, APP for the Respondent/State. ----- CORAM : G. A. SANAP, J.

by SHANTANU SHANKARSA DHUDUM Date:

2023.11.08 12:57:00 +0530 SHANTANU SHANKARSA DHUDUM DATE : 6th NOVEMBER, 2023.

P.C. :

1.

Heard learned advocate for the applicant and learned APP for the State. Perused the record and proceedings. 2.

This application has been made seeking modification of Condition No.(d), imposed vide order dated 16th January, 2023. As per this condition, the accused has been directed not to enter the area of Solapur District except for the purpose of attending the trial. 1/2

Vijay 44A.IA.2650.2023.doc 3.

Learned advocate for the applicant submits that the trial is on the verge of completion. Only three witnesses are remained to be examined. Learned advocate submits that, therefore, this condition may be relaxed or suitably modified.

4.

Learned APP submits that considering the gravity and seriousness of crime, this condition was imposed. Learned APP submits that this condition cannot be relaxed or modified. 5.

It is to be noted that in a crime of murder committed pursuant to the conspiracy, bail was granted to the accused. The order was passed on 16th January, 2023. It appears that considering the checkered history of the case, liberal view was taken and bail was granted. It is seen that every now and then, the applications are made for relaxation/modification of such condition. 6.

On going through the record of this case, I do not see any substance in the application. The relaxation/modification of condition is not necessary. The relaxation/modification of condition may frustrate the purpose of imposing the condition. Hence, the application is rejected.

(G. A. SANAP, J.) 2/2