Dhareppa Dhondappa Anjutagi v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 2448 OF 2025 IN CRIMINAL APPEAL NO. 1149 OF 2022 Dhareppa Dhondappa Anjutagi .... Applicant

Versus

The State of Maharashtra and Anr.

.... Respondents ----- Mr. Ritesh M. Thobde a/w Mr. Darshan Singh Rajpurohit, Advocate for the Applicant.

Mr. S. S. Chaudhari, A.P.P., for the Respondent - State. Mr. Manoj B. Bagal, Advocate for Respondent No.2. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2025.11.28 11:06:51 +0530 SHANTANU SHANKARSA DHUDUM DATE : 26th NOVEMBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking relaxation of condition.

2.

It is contention of learned counsel for the Applicant that the Applicant is released on bail by this Court (Coram: A. S. Gadkari and Prakash D. Naik, JJ) vide order dated 2nd February, 2023. The condition No.(ii) imposed on him not to enter jurisdiction of Mandrup Shantanu S. Dhudum 1/3

police station till conclusion of the trial except for attending the concerned police station. Learned counsel further submitted that the Applicant is out of his village for two years. There is no progress in the trial. The Applicant family stays in the jurisdiction Mandrup Police Station. It may take time to conclude the trial. Hence, requested to allow the application.

3.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant is influential person. The first informant and the Applicant stays in same village. If the condition is relaxed, the Applicant may threaten the first informant and prosecution witnesses. An earlier application filed by the Applicant for relaxation of condition was rejected by this Court. Hence, requested to reject the application.

4.

I have heard both learned counsel, perused F.I.R. and documents produced on record.

5.

The condition was imposed on the Applicant two years ago. He has not entered his village for the past two years and has been away from his family dung this entire period. The entire family is dependent on him, and the condition has caused undue hardship. The Applicant cannot be prevented to meet his family. Considering Shantanu S. Dhudum 2/3

these facts, I pass following order:

ORDER

i. The application is allowed.

ii. The condition No.(ii) imposed on the Applicant (Coram: A. S. Gadkari and Prakash D. Naik, JJ) vide order dated 2nd February, 2023, is hereby relaxed.

iii. The trial Court is requested to expedite the trial as early as possible.

6.

In view of the aforesaid terms, the application is allowed and disposed off.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3