Pawan S/O Abhimanyu Ramteke v. The State Of Maharashtra Pso Ps Desaiganj Tah. Desaiganj Dist. Gadchiroli
2024:BHC-NAG:3082 1 18-apl-265-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 265 OF 2024 Pawan S/o. Abhimanyu Ramteke Vs.
The State of Maharashtra ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Madhu Deo, Advocate for applicant.
Ms. Shamshi Haider, APP for non-applicant/State. CORAM :- M. W. CHANDWANI, J.
DATED :- 13.03.2024 Heard the learned counsel for the applicant and the learned APP for the non-applicant/State. 2.
The application seeks relaxation of condition no. (5) of the bail order dated 08.11.2023 passed by the learned Additional Sessions Judge (ASJ), Gadchiroli in Spl. POCSO Case No. 67/2023. The said condition no.
(5) of the said bail order is reproduced as under:- "5] The accused Pawan shall not enter the jurisdiction of entire Gadchiroli District, till the completion of the trial, except for attending the case at Sessions Court at Gadchiroli, on the given date and that too by reporting his appearance at Desaiganj Police Station, in advance." 3.
The contention is that main accused- Akshay Ramteke, to whom major role has been attributed by the victim, is released on bail but, no such condition of not entering the jurisdiction of Gadchiroli District has not been imposed by the High Court while granting bail to him.
RR Jaiswal
2 18-apl-265-24.odt 4.
The contention is that the present applicant, who is a teacher, cannot attend his duty at Gadchiroli in the wake of imposing of condition no. (5) in the bail order i.e. not to enter the jurisdiction of Gadchiroli District where the School, in which the applicant is serving, is situated.
5.
Considering the fact that no such condition was put to main accused- Akshay Ramteke, against whom the major role has been attributed, while granting bail and the place of service of the applicant, which is within Gadchiroli District, I proceed to pass the following order:- i) The order dated 29.01.2024 passed by the learned Additional Sessions Judge, Gadchiroli, below Exh. 42, in Special POCSO Case No. 67/2023 is hereby quashed and set aside and the application Exh.42 filed by the applicant is hereby allowed.
ii) The condition no. (5) imposed on the applicant by the learned Additional Sessions Judge, Gadchiroli, in its order dated 08.11.2023, passed below Exh. 19, in Special POCSO Case No. 67/2023 is hereby relaxed.
iii) The application is allowed in the above terms.
(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 13/03/2024 18:18:33 RR Jaiswal