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Bombay High CourtIA/770/2025disposed off

Sarabjitsingh Harbhajan Lakshotra @ Happysingh v. The State Of Maharashtra And ANR

2025-03-11Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 770 OF 2025 IN CRIMINAL INTERIM APPLICATION NO. 792 OF 2019 IN CRIMINAL APPEAL NO. 43 OF 2020 Sarabjitsingh Harbhajan Lakshotra @ Happysingh .... Applicant

Versus

The State of Maharashtra and Anr.

.... Respondents ----- Mr. Savvy Kolhekar i/b Mr. Aniket Vagal, for the Applicant. Mr. Ashok Gawai, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.03.18 18:53:22 +0530 SHANTANU SHANKARSA DHUDUM DATE : 11h MARCH, 2025.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this application, the Applicant is seeking relaxation of condition imposed by this Court (Coram: Prakash D. Naik, J) vide order dated 8th July, 2021. While suspending the sentence that the Applicant shall not enter into jurisdiction of Andheri (E) and Marol This order is corrected as per speaking to the minutes of order dated 18.03.2025. 1/3

and he shall not visit the Uttam Dhaba till the further orders. 3.

Learned counsel for the Applicant submits that the Applicant has been convicted by the trial Court and he is on bail. The Applicant stays in Andheri (E) and his mother stays in Marol. He required to enter into the said jurisdiction. Hence, requested to allow the application.

4.

Learned APP strongly objected to allow the application on the ground that the Applicant had tried to kill the first informant, if condition is relaxed, he may create nuisance to the first informant. Hence, requested to reject the application.

5.

I have heard both learned counsel.

6.

The Applicant is convicted by the trial Court. While suspending the order, this Court has imposed the condition on the Applicant, the Applicant shall not enter into jurisdiction of Andheri (E) whereas his mother stays in Marol. Considering these facts, I pass following order:-

ORDER

i. Application is allowed.

ii. The condition imposed on the Applicant shall not enter into jurisdiction of Andheri(E) and Marol is This order is corrected as per speaking to the minutes of order dated 18.03.2025. 2/3

relaxed.

iii. The Applicant shall not visit the Uttam Dhaba till the further order.

7.

In view of the above, the application stands disposed of. ( SHIVKUMAR DIGE, J.) This order is corrected as per speaking to the minutes of order dated 18.03.2025. 3/3