Sadhu Eknath Chikane vs The State Of Maharashtra
2021 Latest Caselaw 10215 Bom

            Digitally                                                            7. REVN.198-2020.doc
            signed by
            RUPALI
RUPALI      RAJESH
RAJESH      WAKODIKAR
WAKODIKAR   Date:
            2021.08.05
            15:42:49
            +0530              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL REVISION APPLICATION NO. 198 OF 2020
                                                       ALONGWITH
                                       INTERIM APPLICATION NO. 188 OF 2021

                     Sadhu Eknath Chikane                                   ...Applicant
                         Versus
                     The State of Maharashtra                               ...Respondent
                     Mr. Vikrant B. Shinde for the Applicant.

                     Mr. A.R.Patil, A.P.P for the Respondent-State.

                                                   CORAM : REVATI MOHITE DERE, J.

DATE : 3rd AUGUST, 2021 P.C. :

1. By this application, the Applicant seeks modification of the

bail condition imposed by this Court vide clause (b) of para 8 of the order

dated 14th December, 2020 passed in Interim Application No. 1278 of 2020

filed in Criminal Revision Application No. 198 of 2020. Clause (b) of para

8 of which, modification is sought, is as under:

clause (b) : The applicant shall not, till the Revision Application is disposed of, visit Kusumbi and Medha.

2. Learned Counsel for the Applicant submits that the said

condition was imposed, as the complainant i.e. the first informant had a

shop at Medha where the incident took place. He submits that the first

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7. REVN.198-2020.doc

informant is now residing at Keskarwadi and not at Kusumbi or at Medha.

3. Learned APP, on instructions, states that the first informant has

closed her shop at Medha and she is residing at Keskarwadi.

4. The Applicant was convicted by the Trial Court for the offence

punishable under Section 354D of the Indian Penal Code and was

sentenced to undergo rigorous imprisonment for one year alongwith fine of

Rs.5,000/-, in default, simple imprisonment for one month; and for the

offence punishable under Section 509 of the Indian Penal Code, to undergo

simple imprisonment for one year and to pay fine of Rs.5,000/-, in default,

to suffer simple imprisonment for one month.

5. The said Judgment and Order of conviction and sentence was

partly allowed by the Additional Sessions Judge that the learned Additional

Sessions Judge acquitted the Applicant of the offence punishable under

Section 354D of the Indian Penal Code and maintained the conviction of

the sentence awarded to the applicant for the offence punishable under

Section 509 of the Indian Penal Code. The Applicant, being aggrieved by

this conviction and sentence awarded under Section 509 of the Indian Penal

Code, filed the aforesaid Revision Application alongwith Interim

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7. REVN.198-2020.doc

Application No. 1278 of 2020 (for suspension of sentence and bail). The

said Revision Application has been admitted and the Applicant's sentence

was suspended and he was enlarged on bail on certain terms and conditions

vide order dated 14th December, 2020. One of the condition was that the

applicant shall not visit Kusumbi and Medha.

6. Having regard to the fact, that the first informant is now

residing at Keskarwadi, and that her shop which she was running at Medha

has closed down, there is no impediment in modifying the said condition

imposed vide clause (b) of para 8. Accordingly, clause (b) of para 8 of the

order dated 14th December, 2020 passed in Criminal Interim Application

No. 1278 of 2020 in Revision Application No. 198 of 2020 stands

modified/relaxed.

7. Accordingly, the Applicant is now permitted to enter Kusumbi

and Medha. Rest of the conditions imposed by this Court vide order dated

14th December, 2021 to remain as it is.

8. Application is accordingly disposed of.

REVATI MOHITE DERE, J.

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