Applicants, a free bail in a criminal trial with a restriction not to enter a specific village, sought its relaxation. The court cancelled the restriction, noting arbitrariness as other co-accused were not similarly barred.
The bail condition prohibiting entry into Village Owegaon, Taluka Panvel, was cancelled with immediate effect.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 289 OF 2011
Anwar Abdul Rehman Patel and another
... Applicants
Versus
The State of Maharashtra
... Respondent
Mr. Niranjan Mundargi i/by Mr. Atul Kore Patil for the applicants Mrs. A. A. Mane, APP for the State.
Mr. Shinde- (PC1833) present from Kharghar Police station
CORAM:- A.M. THIPSAY, J.
DATED :- 22nd June, 2011.
P.C. :
applicants and Mrs. A. A. Mane, APP for the State.
the applicants, learned Additional Sessions Judge, Raigad granted
bail to them but inter alia, stipulated that the applicant shall not
jpc appln289-11.sxw 2
enter into village Owegaon, Taluka Panvel, falling within the jurisdiction of Kharghar Police Station and the place, where the alleged incident occurred. The applicants now approach this Court for relaxation of the said condition, on imposition of which the bail was granted, contending, in substance, that the said condition is rather harsh and also unnecessary.
jpc appln289-11.sxw
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am of the opinion that the said condition may now be cancelled.
7. The application is accordingly disposed of.
2 issues framed by the court
Whether the condition restricting entry into a specific village imposed as part of the bail order should be relaxed.
Whether such a condition is applicable with equal effect to other accused persons released on bail in the same crime.
Anwar Abdul Rehman Patel and another
The State of Maharashtra
A.M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
