Sandeep Bhanudas Kotkar v. The State Of Maharashtra

by MULEY SHUBHAM PRAVINRAO Date:

2025.10.22 18:14:15 +0530 MULEY SHUBHAM PRAVINRAO Shubham

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3930 OF 2025 IN APPEAL NO. 362 OF 2016 Sandeep Bhanudas Kotkar ...Applicant

Versus

The State of Maharashtra

...Respondent

______________________________________________________ Mr. Hrishikesh Ghorpade a/w Siddharth N. Sutaria i/by Abhay D. Ostwal for the Applicant.

None for the Respondent.

______________________________________________________ CORAM : ADVAIT M. SETHNA, J.

DATED : 22 OCTOBER 2025 P.C.:- (VACATION COURT) 1.

Issue Notice.

2.

At the very outset, Mr. Ghorpade, learned counsel for the Applicant in the above Interim Application would state that the Respondent-State has been served on 18 October 2025. Also by an email dated 21 October 2025, the Respondents have been intimated regarding the hearing to take place on 22 October 2025. Thus he would submit that the Respondents are duly served. However, despite such service, none appears for the State/Respondents today.

3.

By this Interim Application, the Applicant is seeking a modification to the order dated 13 January 2020, passed in Interim Application No.1 of 2020 in the following condition which read thus:- "iii. The applicant shall not enter Ahmednagar District during the pendency and till the decision of appeal. The applicant shall intimate his address, where he resides, to the Kotwali Police Station, Dist. Ahmednagar and also report to the police station of the area where he would reside, on every Monday between 8.00 a.m. to 10.00 a.m.."

4.

Mr. Ghorpade would submit that the ground for seeking relaxation of this condition is that due to sudden death of the Applicant's father-in-law on 17 October 2025, the Applicant is required to visit Ahmednagar to attend the ceremonial rituals. In this backdrop, the Applicant has filed the Interim Application seeking modification in the prayer in the Interim Application. Mr. Ghorpade states that the rituals are between 26 October 2025 to 30 October 2025 at Ahmednagar of which the Applicant is desirous to be a part of. Mr. Ghorpade has also drawn the attention of this Court to an order dated 18 October 2024, passed in Interim Application No.1755 of 2024 in Criminal Appeal No.362 of 2016 of the Division Bench of this Court where the Applicant entered the said District for a period of 42 days. He would submit that the Applicant has abided by the terms and conditions as set out in the said order and undertakes to abide by such terms as may be imposed by the Court in this Order.

5.

Considering the above facts and circumstances, it would be just and proper to permit the Applicant to enter the Ahmednagar District between 25 October 2025 to 30 October 2025. The condition in the order dated 13 January 2020 shall stand modified to this extent which would now read thus:- "The Applicant shall be permitted to enter Ahmednagar District between 25 October 2025 to 30 October 2025 both days inclusive for the purpose of attending the rituals pursuant to the demise of his father-in-law."

6.

The Applicant to file a compliance affidavit in this regard. List this Application on 6 November 2025 for Reporting Compliance. (ADVAIT M. SETHNA, J)