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Bombay High CourtIA/1164/2025disposed off

Hemant Kailash Kate v. The State Of Maharashtra And ANR

2025-05-02Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1164 OF 2025 IN CRIMINAL APPEAL NO.168 OF 2024 Hemant Kailash Kate .... Applicant V/s.

The State Of Maharashtra And Anr .... Respondents ---- Ms.Sonali R. Chavan a/w Ms.Uzma Pathan i/b Dr.Uday P. Warunjikar, for the Applicant.

Ms.Sangeeta D. Shinde, APP, for Respondent-State. by NILAM SANTOSH KAMBLE Date:

2025.05.03 14:52:36 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 02nd MAY 2025 P.C:- .

Not on board. Taken on board.

2.

By this Application, the Applicant is praying for relaxation of the bail conditions imposed by this Court. 3.

The learned counsel for the Applicant submits that, this Court (Coram : Sandeep V. Marne, J.) by order dated 21st August 2024 has released the Applicant on bail and has imposed the condition that, the Applicant shall not enter the jurisdiction of Sangvi Police Station, Pune for the period of one year from the N.S. Kamble page 1 of 3

date of his release.

4.

It is contention of the learned counsel for the Applicant that, the Applicant marriage is fixed and for that purpose he wants to attend marriage ceremony in the jurisdiction of Sangvi Police Station. The Applicant has not entered the jurisdiction of Sangvi Police Station and followed the directions of this Court for nine months. Hence, requested to allow the Application.

5.

The learned counsel APP strongly objected on the ground that, offence under Section 302 of the Indian Penal Code registered against the Applicant. He has antecedents. The marriage venue is out of the jurisdiction of Sangvi Police Station. Hence, requested to reject the Application.

6.

I have heard both learned counsel. perused order passed by this Court.

7.

This Court has imposed conditions on the Applicant for one year, out of which the Applicant did not enter in the jurisdiction of the Sangvi Police Station for nine months. Now his marriage is fixed and for marriage ceremony he wants to enter N.S. Kamble page 2 of 3

this jurisdiction.

8.

Considering these facts, I pass following order.

ORDER

(i) The Condition No.(d) imposed on the Applicant by this Court (Coram : Sandeeep V. Marne, J.) by order dated 21st August 2024 is relaxed.

(ii) The Applicant shall attend concerned Police Station as and when required.

(iii) The Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3