Bombay High Court
Suresh Kashiram Mapari vs State Of Mah. Thr. P.S.O. Ps Washim ... on 8 February, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
Order 0802appa158.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [APPA] NO. 158/2023
IN CRIMINAL APPEAL NO.907/2022.
Suresh Kashiram Mapari.
-VERSUS-
State of Maharashtra and others.
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri A.M. Ghare, Advocate for the Applicant.
Shri M. Khan, A.P.P. for Non-applicant Nos.1 and 2.
Shri S.K. Wankhede, Advocate for Non-applicant No.3.
CORAM : VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATE : FEBRUARY 08, 2023.
Heard.
2. On oral request made by the applicant,
he is permitted to amend the application by
correcting the date 19.02.2023 as 16.02.2023
appearing in the body of the application.
Necessary correction be carried out forthwith.
3. This is an application seeking limited
relief of relaxing the condition of staying outside
the jurisdiction of Washim District for specific two
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Order 0802appa158.23
dates i.e. 09.02.2023 and 16.02.2023. In short,
the applicant is seeking permission to enter into
the Washim District on aforesaid two dates.
4. The applicant was arrested in
connection with Crime No.857/2022 registered
with Police Station Washim City for the offence
punishable under Sections 307, 120-B read with
Section 34 of the Indian Penal Code and Section
3[2][va] of the Scheduled Caste and Scheduled
Tribes [Prevention of Atrocities] Act, 1989. The
applicant has applied for bail to the Special Court,
however, his application was rejected that is why
he filed an appeal in terms of Section 14-A of the
Atrocities Act. The said appeal was heard and
decided by this Court vide judgment and order
dated 09.01.2023. While releasing the applicant
on bail, this Court has imposed several conditions
amongst which condition no.[iii] runs as below :
"[iii] The appellant/accused
shall not enter into the territorial
jurisdiction of entire Washim District
till the filing of the charge sheet or
for a period of 90 days from today,
which ever is earlier."
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Order 0802appa158.23
5. It is the contention of the applicant that
in pursuance of said condition, from the date of
release, he is staying at Post Savna Vaichal Pimpri,
Ta. Sengaon, District Hingoli, till date. It is further
contention of the applicant that he is Chairman of
the Finance and Works Committee of Zilla
Parishad Washim, which is called as a "Subject
Committee". Meeting of the said Committee has
been fixed on 09.02.2023 at Washim for
preparation of Budget and the applicant in the
capacity of Chairman of the Subject Committee is
supposed to present the budget on 16.02.2023. It
is therefore, his contention that in order to comply
with the said obligation, it is necessary for him to
enter into Washim District for aforesaid purpose.
6. The learned Counsel for the applicant
has attracted our attention to Section 82[2] and 85
of the Maharashtra Zilla Parishad and Panchayat
Samiti Act, stating the consequences of absence in
the meeting about disqualification. Thus, for the
aforesaid reason, the applicant has sought
permission to enter Washim District.
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Order 0802appa158.23
7. The learned Counsel appearing on
behalf of the informant has resisted this
application on two grounds; firstly the offence
committed by the applicant is of serious nature,
discharge summary of injured shows that the
injuries were of serious and grave nature. The
second submission is about possibility of applicant
pressurizing the victim cannot be ruled out.
8. So far as the first submission is
concerned, we are not inclined to consider the
same since already the nature of injury and the
manner of allegations are considered by this Court
and ultimately we have exercised the discretion of
releasing the applicant on bail, therefore, this
ground cannot confine us at all.
As regards the second submission is
concerned, it is submitted that the injured as well
as the applicant belongs to same party, and
therefore there is likelihood of pressurizing the
victim. Moreover, it is submitted that at present
also though the applicant is staying out of Washim
District, efforts of pressurizing the victim have
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Order 0802appa158.23
been made. At present there is no material to hold
that the applicant has pressurized the victim, as
not a single N.C. report has been lodged, nor any
particulars have been brought on record. True, if
the applicant enters into Washim District there
may be chance of tampering, however, necessary
safeguards, would suffice the purpose.
Particularly, we have noted the reason for seeking
permission, which is quite appropriate and it's
truthfulness is not in dispute.
9. In view of above, Criminal Application
is allowed and disposed of. The applicant is
permitted to enter in Washim District on
09.02.2023 and 16.02.2023, with a rider that on
both dates, after accomplishment of the Subject
Committee work, he shall immediately leave
Washim District. We also put applicant on notice
that during his visit, if he contravenes any other
condition of bail, this Court may pass appropriate
order if occasion therefor arises.
10. Copy of this order be furnished to the
learned Counsel for the applicant to act upon.
JUDGE JUDGE
Signed By:RAKESH GANESHLAL
DHURIYA
Private Secretary
High Court of Bombay, at Nagpur
Signing Date:08.02.2023 18:52
Rgd.
