Sandeep S/O Bhanudas Kotkar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1370 OF 2026 IN CRIMINAL APPEAL NO. 362 OF 2016 Sandeep s/o Bhanudas Kotkar ...
Applicant
Versus
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO. 1371 OF 2026 BIPIN DHARMENDER PRITHIANI Date: 2026.06.12 10:08:07 +0530 BIPIN DHARMENDER PRITHIANI IN CRIMINAL APPEAL NO. 361 OF 2016 Amol Bhanudas Kotkar ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Abhaykumar Dilip Ostwal for the Applicant in both the Interim Applications.
Dr. Dhanalaxmi Iyer, APP for Respondent-State. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ.
DATE : 11th JUNE 2026 P.C. :
.
The applicants (original appellants) in these two applications are seeking modification of certain conditions imposed by this Court, while granting bail to the applicants. The two conditions, of which the applicants are seeking modification, are identically imposed on both of them. The said conditions read as follows :
"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.
ix.
The applicant shall report to the Superintendent/Registrar of District and Sessions Court, Nashik on first working Monday in every two months." 2.
The learned counsel for the applicants submits that while the applicants are ready to continue to abide by the first part of condition No. iii i.e. of not entering Ahmednagar District during the pendency of the appeal, they seek modification of the second part, which requires them to report to the concerned police station where they are residing, on every Monday between 8:00 a.m. to 10:00 a.m. It is submitted that till date, the applicants have been scrupulously abiding by the said condition and that since they are running business in the Pune city, it is onerous for them to report to the police station every Monday. A prayer is made for relaxing the condition to report to the police station once a month. 3.
The learned counsel for the applicants further submits that this Court may consider relaxing condition No.ix and instead of imposing the requirement of reporting to the Superintendent/Registrar of District and Sessions Court, Nashik on first working Monday in every two months, this Court may consider allowing the applicants to report to the said Authority once every six months.
4.
The learned APP, on instructions, submits that the applicants
indeed have abided by the aforesaid condition of reporting to the concerned police station and also to the concerned Court. But, it is submitted that no case is made out for seeking modification, in the light of the conviction suffered by the applicants in terms of the order passed by the Sessions Court.
5.
We have perused the documents filed along with the applications. The applicants have annexed copies of the attendance register, showing the fact that they have indeed remained present before the concerned police station, as directed by this Court. There is nothing to indicate that the applicants have violated the other condition of reporting to the concerned Court at Nashik.
6.
In view of the fact that the applicants are running business in Pune city, we are of the opinion that the second part of condition No.iii can be relaxed, thereby permitting the applicants to report to the concerned police station on the second Monday of every month. But, we are not convinced that condition No.ix, requiring the applicants to report to the concerned Court at Nashik on the first working Monday of every two months, can be said to be onerous, in any manner. Abiding by the said condition cannot be said to be imposing a condition that would hamper the business activities of the applicants in Pune city.
7.
In view of the above, the applications are partly allowed, by directing that while the applicants shall continue to abide by the first part of condition No.iii and they shall not enter the
Ahmednagar District during the pendency of the appeals, the second part is modified by directing that the applicants shall now be required to report to the concerned police station (Yerwada Police Station, Pune) on every second Monday of the month between 8:00 a.m. and 10:00 a.m.
8.
The prayer for modification of condition No.ix is rejected. 9.
The applications are disposed of in above terms. 10.
Needless to say, all the other conditions shall remain unchanged.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)