Bombay High Court
Madhukar Namdeo Dethe vs The State Of Maharashtra And Others on 6 May, 2024
2024:BHC-AUG:9628
{1} CR APPLICATION NO. 1850 OF 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1850 OF 2024
IN APPEAL/986/2023
Madhukar s/o Namdeo Dethe
Age: 42 years, Occu.: Agriculture,
Original R/o. : Village Ambegaon,
Taluka : Jafrabad, District : Jalna,
At present residing at Deulgaon Raja,
Taluka : Deulgaon Raja, Dist.Buldhana. ..Applicant /
Appellant
(Orig. Accused No.1)
Versus
1. The State of Maharashtra
Through the Officer Incharge,
Sadar Bazar Police Station, Jana,
Taluka and District : Jalna.
2. Krushna s/o Vishwasrao Hivale
Age: 38 years, Occu.: Agriculture,
R/o. Village Ambegaon, Taluka:
Jafrabad, Dist.Jalna.
3. Santosh s/o. Gangarao Hivale
Age: 58 years, Occu.: Agriculture,
R/o. Village Dongaon, Taluka
Jafrabad, Dist.Jalna. .....Respondents
(No.1 - Prosecution and
Nos.2 and 3 are PW-1 &
PW-4/injured witnesses/
granted compensation)
.....
Advocate for Applicant : Mr.Jay Veer h/f. Mr. Devang R.Deshmukh
APP for Respondent no.1 : Mr.N.D.Batule
.....
{2} CR APPLICATION NO. 1850 OF 2024
CORAM : ABHAY S. WAGHWASE, J.
DATE : 06 MAY, 2024
ORDER :
-
1. By way of instant application, applicant / appellant, who has
preferred Criminal Appeal bearing no.986 of 2023 and who is a
beneficiary of bail order at the hands of this Court, has put up
following prayer :
"B. The prior permission to enter the Applicant/accused No.1
on 13th May, 2024 in the vicinity of village Ambegaon, Taluka
Jafrabad, District Jalna, so as to enable him to cast his vote at
the Booth therein for the ensuing Parliamentary General
Elections-2024 to be held on 13 th May, 2024, may kindly be
granted."
2. Learned Counsel for the applicant pointed out that instant
application is for relaxation of condition imposed by this Court. He
invited attention of this Court to the order passed by this Court on
05-01-2024 by which his application under Section 389 of the Code
of Criminal Procedure has been entertained by this Court. It is next
submitted that applicant is a voter and in upcoming Parliamentary
{3} CR APPLICATION NO. 1850 OF 2024
General Elections-2024, he has a right to cast his vote. That voting is
scheduled on 13-05-2024. He is listed as a voter in village
Ambegaon. Therefore, to enable him to exercise right to vote, it is
prayed that condition to not to enter the vicinity of village
Ambegaon, Tal. Jafrabad, Dist.Jalna be relaxed.
3. Learned APP, while opposing the prayer pointed out that he is
already involved in offence under Sections 307, 341 read with 34 of
the Indian Penal Code (IPC). That this Court by order dated
05-01-2024 has imposed a condition to not to enter vicinity of village
Ambegaon, Tal. Jafrabad, Dist.Jalna during pendency of the appeal.
He pointed out that there is already enmity between two parties,
therefore, it is not just and proper to relax the condition. However,
he fairly stated that appropriate orders as deemed fit by this Court
be granted.
4. After considering the submissions so advanced and on
going through the papers, it seems that by virtue of order dated
29-09-2023 passed by the learned Additional Sessions Judge, Jalna,
applicant was convicted for offence under Sections 307, 341 read
with Section 34 of the Indian Penal Code and was sentenced to
{4} CR APPLICATION NO. 1850 OF 2024
suffer rigorous imprisonment for ten years and one month
respectively. Said judgment seems to have taken exception to by
filing Criminal Appeal No.986 of 2023. Papers further show that by
invoking provisions under Section 389 of the Cr.P.C. applicant
preferred application before this Court seeking bail as well as to get
sentenced suspended during pendency of appeal. This Court while
dealing with said Criminal Application No.3851 of 2023 by order
dated 05-01-2024 has granted said reliefs. However, by virtue of
clause (v) of the operative part of the said order, applicant was
prevented from entering village Ambegaon, Tal.Jafrabad, Dist.Jalna,
till decision of the appeal.
5. Now case as put forth by the learned Counsel for the applicant
is that applicant being a voter, he is desirous of casting vote.
Statement is made on oath that he is a voter and his name is enlisted
in the voter list. Admittedly, voting of Parliamentary General
Elections-2024 is scheduled on 13-05-2024 in this region. Therefore,
in order to enable applicant to exercise adult franchise, this Court is
inclined to relax the condition by allowing the application.
Accordingly, following order is passed :
{5} CR APPLICATION NO. 1850 OF 2024
ORDER
(i) Application is allowed.
(ii) Applicant Madhukar S/o Namdeo Dethe is permitted
to enter village Ambegaon, Taluka Jafrabad, Dist.Jalna on
13-05-2024 between 09:30 a.m. to 10:30 a.m. i.e. for a
period of one hour to cast his vote in Parliamentary
General Elections-2024.
(iii) Applicant should give an undertaking that he will not
misuse liberty or indulge in any illegal / criminal activity
during such period of one hour.
( ABHAY S. WAGHWASE )
JUDGE
SPT
