Vijay Dattatray Kharkar v. State Of Maharashtra And ANR.

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.08.14 19:56:27 +0530 INTERIM APPLICATION NO.2960 OF 2025 IN BAIL APPLICATION NO.2024 OF 2025 Vijay Dattatray Kharkar ... Applicant

IN THE MATTER BETWEEN:

Vijay Dattatray Kharkar ... Applicant V/s.

The State of Maharashtra and Anr.

... Respondents Mr. Tushar Kochale a/w Mr. Ajay Jankar a/w Mr. Yash Jadhav a/w Ms. Shubhechha Kasrung a/w Ms. Pradnya Bhuite for the Applicant.

Ms. Anamika Malhotra, APP for the State.

CORAM

: ASHWIN D. BHOBE, J.

DATED : 14th AUGUST, 2025 P.C.:

1.

By order dated 08.05.2025 passed in Bail Application No.2024 of 2025, the Applicant was released on bail in connection with C.R. No. 120 of 2024 registered with NRI Sagari Police Station, Navi Mumbai, on the following conditions: "A] The Application is allowed.

B] The applicant be released on bail in Crime No. 120 of 2024 registered at N.R.I. Sagri Police Station, Navi Mumbai for the offences punishable under Sections 307, 326, 324, 143, 144, 147, 148, 149, 354, 323, 504, 506, 452 and 201 of the Indian Penal Code, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not enter into the limits of District Thane and Raigad except to attend the dates before the trial Court, till conclusion of the trial.

D] The applicant shall not tamper with the prosecution evidence in any manner."

2.

By the present application, Applicant has sought for the following relief:

"A) To allow present Interim Application and relax condition at Paragraph No. 7(C) of Order dtd. 08.05.2025 in Crl. B.A. No. 2024 of 2025 for a period from 20.08.2025 till 11 a.m. on 28.08.2025 thereby permitting the Applicant to enter the limits of Thane and Raigad District for said period to make arrangements for and attend 1st death anniversary of Applicant's deceased mother,"

3.

Paragraph Nos. 6, 7 and 8 of the present application reads as follows:

"6) The 1st Annual Death Anniversary (Varshik Shraddha) of Applicant's deceased mother Smt. Dehubai Dattatrey Kharkar (expired on 03.09.2024) is scheduled on 23.08.2025 as per the tithi at Applicant's house mentioned in the cause title hereinabove, which Applicant intends as well as required to attend as per the religious customs. Also, as the deceased mother was residing with the Applicant in his above said house, Applicant is required to make all arrangements for said 1 Death Anniversary including ritualistic arrangements, food for the ritual, as well as looking after the relatives who would come to attend said ritual.

7) Therefore, Applicant is required to enter limits of Thane and Raigad District to make arrangements and attend said 1st annual death anniversary of his deceased mother for a period from 20.08.2025 till 11 a.m. on 28.08.2025. 8) The Applicant undertakes to exit limits of Thane and Raigad District by 11.00 a.m. on 28.08.2025." 4.

Mr. Tushar Kochale, learned Advocate for the Applicant submits that the Applicant intents to enter the Districts of Thane and Raigad for a limited purpose, for the period commencing from 20.08.2025 till 28.08.2025, as such the present application seeking

relaxation of condition No.7(C) for a limited period as mentioned in the paragraph No.7 of the application.

5.

Ms. Anamika Malhotra, learned APP for the State, on instructions from the Investigation Officer, NRI Sagari Police Station, Navi Mumbai in C. R. No.120 of 2024, submits that the Respondent have no objection for permitting the Applicant to enter the Districts of Thane and Raigad for the limited period i.e. 20.08.025 till 28.08.2025, for the purpose and reasons as mentioned by the Applicant in the present application. 6.

In view of the statement made by the Applicant in Paragraph Nos. 6 and 7 of the application, read with the undertaking given in paragraph No.8 of the Application, the Applicant is permitted to enter the jurisdiction of Thane and Raigad District for a period commencing from 20.08.2025 till 28.08.2025. Undertaking given by the Applicant in paragraph No.8 of the Application is accepted as an undertaking to the Court.

7.

Applicant shall inform the Investigation Officer, NRI Sagari Police Station Navi Mumbai of his entry on 20.08.2025 and similarly report his exit on 28.08.2025 in writing. During the said period, Applicant shall not interfere with the prosecution witness or tamper with evidence in any manner. Applicant shall leave the Districts of Thane and Raigad on or before 11.00 am of 28.08.2025.

8.

Interim Application No.2960 of 2025 is allowed in the above said terms.

(ASHWIN D. BHOBE. J.)