Sahebrao Punjaji Sonwane And ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 7883 Bom

2023:BHC-AUG:16580-DB


                                                                               905(i)-appln-1970-2023



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                   CRIMINAL APPLICATION NO.1969 OF 2023
                                            IN APEAL/132/2023

                 Samadhan Bajirao Sonwane and another                        .. Applicants
                          Versus
                 The State of Maharashtra and another       .. Respondents
                                                 ...
                                                WITH
                              CRIMINAL APPLICATION NO.1970 OF 2023
                                        IN APEAL/920/2023

                 Sahebrao Punjaji Sonwane and another                        .. Applicants
                          Versus
                 The State of Maharashtra and another                        .. Respondents

                                                  ...
                 Mr. Shailesh S. Chapalgaonkar, Advocate for applicants in both the
                 matters.
                 Mr. S. J. Salgare, Advocate for respondent No.1 - State in both the
                 matters.
                                                  ...

                                               CORAM : SMT. VIBHA KANKANWADI AND
                                                       ABHAY S. WAGHWASE, JJ.

                                               DATE    : AUGUST 04, 2023.
                 ORDER :-

                 .        Heard learned Advocate for the applicants - original appellants.

2. This Court by judgments dated 01.03.2023 and 05.01.2023

respectively allowed the appeals and directed the release of appellants

- applicants on bail. The appellants came to be arrested in

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905(i)-appln-1970-2023

connection with Crime No.322 of 2022 registered with Kopargaon

Police Station, Dist. Ahmednagar for the offences punishable under

Sections 302, 354, 294, 326, 324, 323, 504, 506, 509, 143, 144, 147,

148, 149, 427 of Indian Penal Code and under Section 3(1)(r), 3(1)

(s), 3(2)(5), 3(2)(v-a), 3(1)(w), 3(1)(g) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the said

judgments, condition No.(iv) was imposed while releasing the them

on bail of which the applicants want relaxation. The said condition

No.(iv) reads thus :-

"iv) The appellants shall not enter the jurisdiction of village Manjur, Tq. Kopargaon, Dist. Ahmednagar till the conclusion of trial. They should reside elsewhere, and before submission of bail papers, the appellants should give complete address of their residence with their mobile numbers to the Trial Court as well as to the Investigating Officer."

3. It is to be noted from those judgments itself that this Court had

taken note of the long standing rivalry and, therefore, it was

specifically observed that taking into consideration the long standing

rivalry, same restrictions are required to be imposed on the appellants

also, which were imposed on the co-accused. Definitely, the liberty of

each citizen is of prime importance, but when it comes to granting of

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905(i)-appln-1970-2023

bail, the Courts are required to take into consideration the fear in the

mind of the witnesses also. Life and liberty of the witnesses is also

equally important and, therefore, the said condition was imposed,

which need not be relaxed till the conclusion of the trial. Hence, the

applications stand rejected.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]

scm

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