Pravin Laxmichand Shanklesha v. The State Of Maharashtra

SANTOSH SUBHASH KULKARNI Santosh SANTOSH SUBHASH KULKARNI Date: 2024.10.28 11:51:49 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3966 OF 2024 IN BAIL APPLICATION NO. 1367 OF 2023 Pravin Laxmichand Shanklesha ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ganesh Gole, a/w Kunjan Makwana, for the Applicant. Mr. H. J. Dedhia, APP for the Respondent - State.

CORAM:

N. J. JAMADAR, J.

DATED:

24th OCTOBER, 2024 PC:- 1.

Heard the learned Counsel for the parties.

2.

This application is preferred to relax the condition not to enter the limits of Mumbai, Thane and Navi Mumbai Districts for the period of three years or till the conclusion of trial, which was imposed by this Court while releasing the applicant on bail by an order dated 21st February, 2024.

3.

In the application, it is averred that on account of the aforesaid condition, the applicant finds himself in financial difficulties and is unable to earn his livelihood. The applicant runs a business from a shop premises situated at Kalyan. The 1/3

restraint against entering into the limits of Thane District thus operates onerously.

4.

By an order dated 16th October, 2024, the learned APP was requested to take instructions regarding the threat perception and possibility of the applicant indulging in identical activity, if he is allowed to enter the limits of Kalyan.

5.

The learned APP, on instructions, submits that the applicant has marked his presence at Mahatma Phule Chowk Police Station, as directed. However, the Investigating Officer is not in a position to make a statement about the future course of action of the applicant. The learned APP, however, confirms that the applicant has no antecedents.

6.

Having regard to the role attributed to the applicant, which has been adverted to by this Court while releasing him on bail, and the fact that the applicant has no antecedents and livelihood of the applicant depends upon the business, which he runs from the shop premises located in Kalyan, I am inclined to relax the condition of not entering into the limits of Thane, Mumbai and Navi Mumbai Districts.

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7.

Hence, the following order:

: O R D E R :

(i) The condition No.(vi) in the order dated 21st February, 2024 stands relaxed qua the applicant only.

(ii) Rest of the conditions remain unaltered.

Application disposed.

[N. J. JAMADAR, J.] 3/3