[Cites 3, Cited by 0]

Bombay High Court

Madhukar Namdeo Dethe vs The State Of Maharashtra And Others on 23 March, 2026

2026:BHC-AUG:12057


                                                                    CriAppln-3822-2025
                                                  -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 3822 OF 2025
                                              IN
                                CRIMINAL APPEAL NO. 986 OF 2023

                                 MADHUKAR S/O NAMDEO DETHE
                                           VERSUS
                              STATE OF MAHARASHTRA AND OTHERS

                                             WITH
                             CRIMINAL APPLICATION NO. 919 OF 2026
                                              IN
                             CRIMINAL APPLICATION NO. 3851 OF 2023
                                              IN
                                CRIMINAL APPEAL NO. 986 OF 2023

                           KRUSHNA VISHWASRAO HIWALE AND ANOTHER
                                            VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER

                                                 .....
                 Mr. Rajendra Deshmukh, Senior Advocate i/by Mr. Ramankumar G.
                 Dodiya, Advocate for the Applicant in Criminal Application No. 3822
                 of 2025.
                 Mr. Avinash M. Reddy, Advocate for the Applicants in Criminal
                 Application No. 919 of 2026.
                 Mr. N. S. Tekale, APP for the Respondent-State.
                                                  .....

                                         CORAM :        ABHAY S. WAGHWASE, J.
                                         Reserved on        : 18.03.2026
                                         Pronounced on      : 23.03.2026

                 ORDER :

1. Criminal Application No. 3822 of 2025 is for relaxation of

condition imposed by this Court by order dated 05.01.2024 in CriAppln-3822-2025

Criminal Application No. 3851 of 2023 filed in Criminal Appeal No.

986 of 2023 challenging an order of conviction in Sessions Case No.

68 of 2020 passed by learned Additional Sessions Judge, Jalna for

offence under Sections 307, 341 r/w 34 of IPC.

Whereas Criminal Application No. 919 of 2026 is filed by the

injured witnesses for cancellation of bail granted to the accused

Madhukar vide the above order dated 05.01.2024 passed in Criminal

Application No. 3851 of 2023 on the ground of breach of conditions

of bail.

2. Learned senior counsel Mr. Deshmukh would submit that,

aggrieved by the judgment an order of conviction in Sessions Case

No. 68 of 2020, along with the Appeal, Criminal Application No. 3851

of 2023 was pressed into service for suspension of sentence and grant

of bail during pendency of appeal. He next submitted that, after

hearing applicant as well as prosecution and on going through the

record, this court had allowed the said application by order dated

05.01.2024 imposing several conditions, including condition not to

enter the vicinity of village Ambegaon, Taluka Jafrabad without prior

permission of this Court.

CriAppln-3822-2025

3. Learned senior counsel emphasized that subsequently,

applicant had applied for relaxation of condition to enable him to cast

vote during parliamentary elections and even this Court, after hearing

both sides, was pleased to pass order on 06.05.2024 allowing the said

application and permitting applicant to enter the village Ambegaon

on 13.05.2024 to cast vote. He submitted that, since then, and even

prior to it, applicant had never flouted any of the conditions and has

rather abided the conditions scrupulously. However, being politically

motivated complaint, attempts are made by complainant party to see

that said benefit of bail is got withdrawn and false non-cognizable

cases are filed. Learned senior counsel pointed out that, photograph

of the applicant is tried to be projected showing his entry in the

village, but said photograph carried the date of it being snapped and

it was apparently on 13.05.2024 i.e. on the day of casting vote when

applicant, after seeking permission of this Court by virtue of order

dated 06.05.2024, had entered the village.

4. Learned senior counsel moreover pointed out that thereafter,

even there was compromise and settlement. This court was also duly

informed about said settlement and it is noted so in one of the orders

of this Court passed on 19.12.2024 in Writ Petition No. 6016 of 2021.

Thus, he submits that, almost more than two years have lapsed. That, CriAppln-3822-2025

applicant is required to stay away from his family. He has children

and has to shoulder their responsibilities. That, there are no prospects

of hearing the appeal immediately and therefore, it is his submission

that, keeping applicant away from his abode and native would impart

injustice to him, more particularly when he has not breached or

flouted any of the conditions imposed by this Court and there being

no adverse remarks against him. For above reasons he prays for

relaxing condition imposed by this Court vide clause (V) of the

operative part of the order dated 05.01.2024 in Criminal Application

No. 3851 of 2023.

5. Both, learned APP as well as original complainant have resisted

the above prayers. Learned counsel for complainant has pointed out

that, rather he has moved application for cancellation of bail as there

is breach of condition imposed by this Court and applicant is regularly

entering the village and moreover indulging in issuing threats to the

complainant and witnesses of which Non Cognizable complaints are

being filed with police. Consequently, he prays for cancellation of bail

rather than relaxing condition.

6. Considering above submissions. Perused the record. It seems

that in Criminal Appeal No. 986 of 2023, which is an off-shoot of CriAppln-3822-2025

judgment and order of conviction passed in Sessions Case No. 68 of

2020 whereby present applicant stood convicted for commission of

offence under Sections 307, 341 r/w 34 of IPC along with other

accused, admittedly is still pending hearing. Record shows that after

filing appeal, Criminal Application No. 3851 of 2023 for suspension of

sentence and grant of bail was pressed into service and by order dated

05.01.2024, after hearing prosecution as well as on going through the

record, this Court allowed the application suspending the sentence.

Record shows that, meanwhile for relaxing condition for a day i.e. on

13.05.2024 on account of Parliamentary elections and to enable

applicant to cast vote, Criminal Application No. 1850 of 2024 was

preferred and it was allowed by this Court by order dated 06.05.2024.

Since then there is no adverse remark about breach of any condition

imposed by this Court by its order dated 05.01.2024.

7. Further, another application for cancellation of bail is not by

State but is by complainant. Learned counsel for complainant therein

pointed out that there is breach of condition and applicant is entering

the village and moreover issuing threats, of which NCs are filed.

Photograph of applicant in the village is also placed on record but

apparently, as pointed out by learned senior counsel, the photograph

seems to be of 13.05.2024 i.e. the day of exercising adult franchise CriAppln-3822-2025

i.e. casting vote in Parliamentary election during the day on which

this Court had relaxed the condition.

8. Therefore, taking above material into consideration and as

almost two years have lapsed since applicant-accused is kept out of

the village and there being no adverse remark from prosecution side

for flouting conditions, said condition is required to be relaxed on an

undertaking that applicant shall not indulge in any act of tampering

or issuing threats to complainant party. Hence, following order is

passed :

ORDER

I. Criminal Application No. 3822 of 2025 is allowed in terms of prayer clause (B), subject to filing of an undertaking by the applicant Madhukar s/o Namdeo Dethe that he shall not indulge in any act of tampering prosecution evidence or issuing threats to complainant party.