Shantabai @ Shanta Shivaji Pawar And ANR v. The State Of Maharashtra

4-IA-5195-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5195 OF 2024 IN BAIL APPLICATION NO. 3186 OF 2023

1. Shantabai @ Shanta Shivaji Pawar

2. Vijaya @ Vijubai Pandurang Jadhav ...Applicants

Versus

The State of Maharashtra

...Respondent

....

Mr. Niranjan Mundargi. a/w Mr. Pundalik B. and Ms. Keral Mehta, Advocate for the Applicants.

Ms. G. P. Mulekar, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

06th MARCH, 2025.

P.C.

:

1.

This Court by order dated 7th February 2024 while releasing the applicants on bail has imposed the following condition :

"(b) The applicants shall not enter the Solapur district after being released on bail, except for reporting to the Investigating Officer, if called and for attending the trial." 2.

The learned counsel for the applicants submits that it was a case of road rage. It is submitted that the applicants are agriculturists and due to above condition, they are not able to cultivate their land and earn their livelihood. It is submitted that the above condition may, therefore, be relaxed. Zeenat Pathan

4-IA-5195-2024.doc 3.

On the other hand, the learned A.P.P. for the Respondent-State submits that considering the nature of crime, the above condition was imposed. It is submitted that witnesses are from Solapur district and thus the condition may not be relaxed.

4.

This Court while releasing the applicants on bail has observed that, it is a case of road rage. The applicants are women. It appears that they are not the main accused. Considering the overall facts and circumstances of the case, I am inclined to relax the condition in question. In the result, the following order is passed :

ORDER

i.

The application is allowed;

ii.

The condition that applicants shall not enter the Solapur district is hereby relaxed.

iii.

The applicants instead of Bharti Vidyapeeth Police Station as directed by this Court shall attend the Sangola Police Station twice in a month i.e. on first and third Saturday between 11:00 a.m. to 2:00 p.m. till conclusion of trial.

iv.

The applicants shall not tamper with the prosecution evidence;

v.

The application stands disposed of accordingly. (N. R. BORKAR, J.) Zeenat Pathan