Bharat Janaku Vayal v. The State Of Maharashtra

by CHITRA SANJAY SONAWANE Date:

2024.09.30 23:55:21 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No.2368 of 2024 In Bail Application No.1805 of 2022 Bharat Janaku Vayal At present in Yerwada Jail Pune Age: 46 yrs. Occu: Farmer R/o. Eklahre, Fakirwadi, Sultanpur, Tal- Ambegaon, Dist-Pune (At present he is on bail) ... Applicant v/s.

The State of Maharashtra (at the instance of Manchar Police Station in C.R. No.I-577 of 2021) ... Respondent ---- Ms Savvy Kolhekar, i/b. Aniket Vagal, for the Applicant. Mr Yogesh Y Dabke, APP, for State/Respondent. NS Adhari, PSI, Manchar Police Station, is present. ---- Coram: R.N. Laddha, J.

Date: 26 September 2024 P.C.:

By this application, the applicant seeks relaxation of condition No. (iii) imposed by the Coordinate Bench of this Court (Coram: N.R. Borkar, J.) by order dated 31 January 2023 at the time of granting bail. The relevant operative part

of the order reads as follows:

"(iii) The applicant shall not enter into the limits of Taluka Ambegaon till conclusion of trial."

2.

Ms Savvy Kolhekar, the learned Counsel appearing for the applicant, contends that the applicant is 56 years old and finds it challenging to reside and work outside Ambegaon, Pune, due to his old age. The applicant was in custody for almost two years and three months. The learned Counsel highlights that after filing the charge sheet, there have been no complaints against the applicant, who has no criminal antecedents. Further, the charge has also not been framed. Ms Kolhekar submits that the applicant is willing to abide by any conditions the Court imposes.

3.

Mr Yogesh Dabke, the learned Additional Public Prosecutor representing the respondent/ State, on instructions from the Officer of the concerned police station present in Court, confirms that no complaints have been filed against the applicant after filing the charge sheet. He submits that if the Court is inclined to relax the condition, suitable conditions be imposed.

4.

Considering the facts and circumstances of the case, along with the fact that no grievances are received against the applicant after filing the charge sheet, this Court is inclined to allow the present application. Hence, the following order:

ORDER

(i) Condition No.(iii) imposed by the Coordinate Bench of this Court (Coram: N.R. Borkar, J.) by order dated 31 January 2023 stands deleted.

(ii) The applicant, himself or through any other person, shall not indulge in any activity that may tamper with the evidence or influence the witnesses.

(iii) The applicant shall cooperate with the jurisdictional Court for the expeditious disposal of the case.

5.

The application stands disposed of accordingly. (R.N. Laddha, J.)