1 APL765.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 765 OF 2017
APPLICANTS : 1] Gopal Pandurang Hisekar,
Aged about 46 years, Occu. Agriculturist,
Now residing at Survey No.23,
Ambegaon pathar, Pune - 46.
2] Sunil Ramdas Hisekar,
Aged about 25 years,
Occu. Agricultural labourer.
3] Kishor Ramdas Hisekar,
Aged about 28 years,
Occu. Agricultural labourer.
Nos.2 and 3 now residing at Chakan,
MIDC, Pune - 46
All the applicants are permanent R/o Village
Swasani, Tah. Mangrulpir,Dist. Washim.
VERSUS
NON-APPLICANT: State of Maharashtra,
through Police Station Officer,
Police Station, Mangrulpir, Dist. Washim.
----------------------------------------------------------------------------------------------
Shri J. B. Gandhi, Advocate for the applicant.
Shri K. L. Dharmadhikari, A.P.P. for the non-applicant/State
----------------------------------------------------------------------------------------------
CORAM : V. M. DESHPANDE, J.
DATE : DECEMBER, 11, 2017
ORAL JUDGMENT
::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 01:47:55 :::
2 APL765.17.odt
Rule. Rule made returnable forthwith. Heard finally
with the consent of the learned counsel for the parties.
2. This is an application for relaxation of condition i.e. condition no.2(a) imposed upon the applicants by the learned Additional Sessions Judge, Mangrulpir, by the order dated 29.6.2017 in Misc. Criminal Application No. 105/2017 while releasing them on bail.
3. The application of the applicants was considered favourably by the learned Additional Sessions Judge and released them on bail on their executing PR bond of Rs.15,000/- each. While releasing the applicants on bail, the learned Judge of the trial Court has imposed the following condition :
"2. (a) They shall not enter into the village Swasni, Tq. Mangrulpir, Dist. Washim until further order.
4. Subsequently, within a period of three months i.e. on 28.9.2017, an application (Exh.22) for relaxation of condition was moved by the present applicants. The said application was partly allowed by the learned Additional Sessions Judge, Mangrulpir vide ::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 01:47:55 ::: 3 APL765.17.odt order dated 13.10.2017. The learned Judge has relaxed the condition only for a period from 17.10.2017 to 22.10.2017. The learned Judge also ordered that before entering village Swasni, Tah. Mangrulpir on 17.10.2017, the applicants/accused shall attend Police Station, Mangrulpir and at the time of leaving the village they shall also attend the Police Station and shall file their attendance document in the Court. This is the order, which is impugned in this application.
5. I see no merit in the application. The applicants were released on bail by the learned trial Court on a condition that they shall not enter into the village. Within a period of three months of the order, after availing the benefit of bail, the application for relaxation of condition is moved. The learned Judge of the trial Court has considered the application, in my view, correctly. There is no illegality or perversity in the impugned order. Consequently, the criminal application is rejected. Rule discharged.
JUDGE Diwale ::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 01:47:55 :::