Allowed

Roshan Kisan Avsarmal and Another v. the State of Maharashtra

Bombay HC21 Oct 2013APPLN/5303/2013

Case brief

AI extract

What is this about?

The Court relaxed a bail condition prohibiting the applicants from entering Phulambri taluka due to humanitarian and financial grounds, while retaining a no-contact and attendance condition for six months.

What did the court decide?

Relaxed condition No.10 imposing restraint on entering Phulambri; permitted entry subject to no-contact and monthly police attendance.

1)Heard learned Counsel for the applicants. On 10thApril, 2013 in Criminal Application No. 1713/2013, this Court directed to release the applicants from custody; while doing so, the applicants were directed not to enter Phulambri taluka. In fact, a statement was made by Mr. Ghanekar, then appearing for the applicants, that for a period of six months, after the release, the applicants shall keep themselves away from entire Phulambri taluka. It was accordingly one of the grounds to release the applicants on bail. 2)A report of learned APP indicates that investigation in Crime No.I-23/2013 is completed. Charge sheet, vide RCC Case No.108/2013, is pending before the learned Judicial Magistrate, First Class. 3)The restraint is causing humiliation and

financial loss to the applicants, as the family is stationed in Dongargaon and Kanheri, Tq. Phulambri. The applicant No.1 has old aged parents at home, who are suffering from various ailments. The Applicant's two brothers are serving in Indian Army. The applicant is a member of Gramp Panchayat and has to attend meetings and for all purposes, he is bound to take up the matter of village panchayat taluka level officials. For such eventualities, his presence for representation in Phulambri is imperative.

4)Consequently, the condition No.10, imposed by order dated 10th April, 2013, is relaxed. The applicants are permitted to enter Phulambri. However, they shall not create any untoward situation; shall not cause threats to the Tahsildar, the complainant and other witnesses in the matter. The applicants shall cause attendance at Phulambri police station on last Sunday of every month between 3.00 to 6.00 p.m. for a period of six months. Any act of illegality or any criminal prosecution, without back reference, will entail in termination of the relaxation.

Roshan Kisan Avsarmal and Another v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Roshan Kisan Avsarmal and Another v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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