Ramesh @ Raju Kakasaheb Gaikwad v. The State Of Maharashtra

925_IA3146_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3146 OF 2024 IN BAIL APPLICATION NO.3079 OF 2021 Ramesh @ Raju Kakasaheb Gaikwad ...

Applicant Vs.

State of Maharashtra ...

Respondent Mr. R. M. Haridas a/w. Mr. Dilip Shinde for Applicant. Mr. Bapu V. Holambe Patil, APP for Respondent-State. Mr. Nitin Khandare, PSI, Vikroli Police Station. CORAM : MANISH PITALE, J.

DATE : DECEMBER 20, 2024 P.C. :

.

Mr. Haridas, learned counsel for the applicant and Mr. HolambePatil, learned APP for the respondent-State. 2.

By this interim application, the applicant is seeking relaxation of condition (d) imposed by this Court (Coram : Smt. Bharati Dangre, J.) in order dated 22.07.2022 passed in the bail application. The said condition reads as follows:- "(d) The applicant alongwith his family shall move out of the current residential address and shall not step into the jurisdiction of Vikroli Police Station barring for the limited purpose of giving details of his residence to the Investigating Officer."

3.

The learned counsel for the applicant submits that the applicant is in a very bad state of health and he is rendered immobile. He has resided in the jurisdiction of Vikroli police station almost all his life and therefore, this Court may consider showing indulgence and relaxing the 1/2

925_IA3146_24.doc aforesaid condition, so that he can go back to the place where he has spent most of his life.

4.

The learned APP has opposed the prayer on the ground that the applicant has 17 criminal antecedents and a number of such offences have been registered at Vikroli Police Station itself. 5.

This Court is not inclined to allow the present application, for the reason that if the health condition of the applicant is such that, he is rendered immobile then he would be required either to stay at home or to be treated appropriately in a hospital. It is difficult to understand the insistence on going back to the jurisdiction of Vikroli Police Station in such a situation. The criminal antecedents of the applicant can also not be ignored. No case is made out for considering the application favourably. Accordingly, the application is dismissed. (MANISH PITALE, J.) Minal Parab MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2024.12.20 16:38:48 +0530 2/2