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Bombay High CourtIA/2365/2024disposed off

Pradip Narayan Shirke v. State Of Maharashtra And ANR

2024-08-19Hon'Ble Shri Justice S. M. Modak3 pages

2024:BHC-AS:33443

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2365 OF 2024 IN CRIMINAL APPEAL NO. 1321 OF 2023 Pradip Narayan Shirke ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

***** Abhang Suryawanshi i/by Rokade Narayan Gopinath Advocate for the Applicant Ms. S. E. Phad APP for the Respondent-State Sharad S. Surulkar, PSI Shahapur Police Station Pradip Shirke Applicant present in-person ***** CORAM : S. M. MODAK, J.

DATE : 19th AUGUST 2024 P. C. :- 1.

Heard learned Advocate for the Applicant and learned APP. 2.

It is true that as per the Order dated 13.12.2023, this Applicant who was Appellant No. 2 was granted regular bail. The condition was imposed not to enter Shahapur Revenue District for one year. 3.

On three grounds, he is seeking relaxation of that condition. 1/3

They are as follows:- (i) Cultivating the land (ii) His wife is pregnant (iii) Contesting the election.

4.

Learned APP opposed the prayer on the ground that there is no substance in those grounds. The wife of the Applicant is staying at her parents house, the details of which election he is contesting are not given and for cultivation, other family members are there. It is also opposed on the ground of earlier offences. These offences are also considered in para no. 3 of the Order dated 13.12.2023. 5.

Without going into the merits of the grounds, I am inclined to relax that condition for the reason that eight months period is already over from 13.12.2023. Instead of that we can ask to give him attendance to Shahapur Police Station. Hence, the Order:-

ORDER

(i) The condition no. 7 (iv) of the Order dated 13.12.2023 is relaxed.

(ii) Instead of that he is directed to give attendance to Shahapur Police Station on first Monday of month of September, January 2/3

and June from 10.00 to 12.00 noon for two years. (iii) Applicant not to threaten the prosecution witnesses. 6.

According, interim application is disposed of. [S. M. MODAK, J.] 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 21/08/2024 14:35:06