Single judge disposed of a bail application seeking relaxation of non-entry conditions by granting relief until trial commenced, noting the Akole village threat scenario.
Relaxation of non-entry condition permitted until trial commenced within one year.
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.
CR.APL.NO.3371/2013
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3371 OF 2013
IN
CRIMINAL APPLICATION NO.1907 OF 2012
....
Ramesh Bhikaji Shete,
Age 33 years, Occupation: Agricultural,
r/o Pimpalgaonkhand, Tq. Akole,
District Ahmednagar,
At present Chinchwad, District Pune.
...APPLICANT
VERSUS
State of Maharashtra.
...RESPONDENT
...
Mr.Joydeep Chatterji, Adv., for the applicant.
Mr. K.G.Patil, APP for respondent State.
...
CORAM: K.U.CHANDIWAL, J.
Date:AUGUST 29th, 2013
...
P.C.:-
1. Heard.
2.On May 7th, 2012, Criminal Application No.
1907/2012 of the applicant Ramesh for bail was
allowed. One of the condition, based on statement of
Mr. Chatterji was not to enter concerned village,
including Ahmednagar district, except for attending
the Court proceedings.
3.Mr.Chatterji says, the accused / applicant
has a disabled spinster sister residing in the village
2 CR.APL.NO.3371/2013
and he has also to look after his parents. His wife
and children could not move with him to Chinchwad,
Pune. He has urged for relaxation of the condition.
4.Learned A.P.P., on instructions informed,
threat perception prevails with the informant and
widow of the deceased.
5.Taking conspectus of the above facts, if the
trial is not commenced within a year, applicant is at
liberty to move application for relaxation of afore
referred condition. He shall not protract sessions
trial before the learned Additional Sessions Judge,
Sangamner.
Application (No.3371/2013) disposed of.
( K.U.CHANDIWAL ) JUDGE
agp/3371-13crapl
2 issues framed by the court
Whether bail conditions regarding non-entry into a specific district can be relaxed due to family responsibilities.
Whether the applicant is liable to move a fresh application if the trial is not commenced within a year.
Ramesh Bhikaji Shete
State of Maharashtra
K.U.Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court