Narayan Devidas Nandane (In Jail) v. State Of Maharashtra Thr Pso., Ps Tamgaon Tq. And Dist. Buldhana

1 18 BA 1194.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1194/2025 (Narayan Devidas Nandane Vs.The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.S. Karanjkar, Advocate for applicant.

Ms. S. Haider, APP for non-applicant/State CORAM: M. M. NERLIKAR, J .

DATED : 08/01/2026.

Heard the learned counsel for the applicant and the learned APP for non-applicant 2.

It appears from the record that the present applicant was granted bail on merits by this Court vide order dated 10.08.2022 by imposing certain conditions. One of the condition i.e. Condition No.4 was that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence. Thereafter, it appears that one non-cognizable offence was registered against the applicant on 15.03.2023, wherein it is alleged that the present applicant is threatening brother of the informant and his family members after being granted bail by this Court. 3.

It further appears that Kashinath-brother of the informant preferred criminal application No. 39/2023 before this Court for cancellation of bail on the ground that that after release of the applicant by this Court, he has

2 18 BA 1194.25 threatened him and his family members, therefore, noncognizable report was given. After considering the case, this Court by its order dated 29.08.2023 cancelled the bail granted to the applicant.

4.

Thereafter, it further appears that the applicant has preferred the application before the Additional Sessions Judge, Khamgaon for grant of bail. However, it was rejected on the ground that the High Court has already cancelled the bail and therefore, the application filed by the applicant is not maintainable before the Court of Additional Court, Khamgaon and therefore, the present application is filed.

5.

Upon hearing the learned counsel for the applicant and learned APP, it appears that admittedly the bail was granted on the basis of merits by this Court vide order dated 10.08.2022, however the said bail was cancelled for violating the condition imposed by this Court by its order dated 29.08.2023. The learned counsel for the applicant submits that he be granted last opportunity and he will abide by all the conditions which would be imposed by this Court. He is in jail since last two years after cancellation of bail. He further submits that he will neither tamper with the evidence nor directly or indirectly make any inducement or threat to any witnesses. He further submits that he will not enter within the jurisdiction of the village Kankanwada (Khurd), Tal. Sangrampur, Dist. Buldhana.

3 18 BA 1194.25 6.

It is not in dispute that the bail was cancelled on 29.08.2023 and the applicant is in Jail since then. Further, initially the bail was granted on the basis of merits. Considering the fact that the applicant is ready to reside elsewhere, I am inclined to grant bail, hence following order:-

ORDER

(I) Application is allowed.

(II) The applicant be released on bail in connection with Crime No.88/2022 registered with Police Station Tamgaon, Tq. and Dist. Buldhana for the offence punishable under Sections 302, 323, 504, 506 read with Section 34 of the Indian Penal Code.

(III) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence (IV) The applicant shall not enter within the jurisdiction of Kankanwada (Khurd), Tal. Sangrampur, Dist. Buldhana jurisdiction till the trial is concluded.

5.

Application is disposed of.

( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 08/01/2026 19:20:14