High Court Bench at Aurangabad ordered that an applicant prohibited from entering city limits may visit his parents when exigency arises. Bail conditions accepted as reasonable with relaxation permitted for emergencies.
Applicant permitted to visit parents when exigency arises and relaxation of conditions allowed for temporary period.
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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criapln3700-3698-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3700 OF 2012 IN
CRIMINAL APPLICATION NO. 1344 OF 2012
Imtiyaz Khan s/o Sartaj KhanAPPLICANT
VERSUS
The State of Maharashtra
RESPONDENT
WITH
CRIMINAL APPLICATION NO. 3698 OF 2012 IN
CRIMINAL APPLICATION NO. 5493 OF 2012
Imtiyaz Khan s/o Sartaj Khan
APPLICANT
VERSUS
The State of Maharashtra
RESPONDENT
.....
Mr. Shirish Gupte, Senior Counsel, instructed by and with
Mr. Rajendra S. Deshmukh, advocate for the applicant in
both the applications.
Mr. P.P. More, A.P.P. for the Respondent-State in both the
applications.
Mr. S.S. Ladda, advocate for the intervenor in both the
applications.
.....
CORAM : M.T. JOSHI, J.
DATED : 1st November, 2012
ORAL ORDER:
1. Heard both sides.
2.The learned Senior Counsel, appearing for
the applicant, on instructions, submits that the
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criapln3700-3698-12
applicant would not enter within the limits of
Municipal Corporation of City of Aurangabad and would
take education elsewhere. However, he may be
permitted to visit his parents as and when exigency
would arise.
3. Considering the relations between the
applicant and the complainant, the submissions appear
to be reasonable one. There always can be relaxation
in the condition for a temporary period as and when
the exigency arises. In the circumstances, the
submissions made on behalf of the applicant are
accepted. Both the applications are accordingly
partly allowed, to that extent.
npj/criapln3700-3698-12
2 issues framed by the court
Whether the applicant who will not enter the Municipal Corporation limits should be permitted to visit parents.
Whether the submissions regarding relaxation of bail conditions for exigencies are reasonable.
Imtiyaz Khan s/o Sartaj Khan
The State of Maharashtra
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court