Disposed

Gajanan Mallikarjun Birajdar v. State of Maharashtra

Bombay HC4 Sept 2024APPLN/240/2024

Case brief

AI extract

What is this about?

The Court modified a bail condition restricting the applicant from entering his native village, allowing him to visit specifically on the date of the monthly Gram Panchayat meeting to comply with statutory duties under the Maharashtra Village Panchayat Act. The application was disposed of with this modification.

What did the court decide?

Condition not to enter Village Kusur modified to allow entry on the date of monthly Gram Panchayat meeting for attending such meeting.

Gajanan Mallikarjun Birajdar vs State of Maharashtra — Bail and Remand | Bombay HC (2024)

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1 of 2 8.Appln.240.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.240 OF 2024

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Gajanan Mallikarjun Birajdar, Age 47 years, Occ.service, R/o.Kusur, Post.Khanapur, Tal.South Solapur, Dist.Solapur. Applicant

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versus The State of Maharashtra Respondent

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Ms.Vrushali Maindad with Ms.Simran Raut for Applicant. Mrs.Savita M.Yadav, APP, for State.

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CORAM : ANIL S.KILOR, J. DATE : 18^th September 2024

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PC :

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In the present application the modification is sought to the condition not to enter Village Kusur, Taluka South Solapur, District Solapur till disposal of the case. It is submitted that the Applicant is a member of Gram Panchayat of Village Kusur and it is mandatory under the provisions of Maharashtra Village Panchayat Act to attend meetings of Gram Panchayat. The learned counsel for Applicant submits that unless the condition is relaxed to the extent to enter the village Kusur to attend the monthly meeting of Gram Panchayat, he cannot comply with the statutory provisions.

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Digitally signed by MANISH MANISH SURESHRAO SURESHRAOTHATTE THATTE Date: 2024.09.18 15:01:30 +0530

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Considering the above referred ground and the provisions of Maharashtra Village Panchayat Act, I am of the opinion that relaxation of the said condition can be permitted to the extent allowing the Applicant to enter in to Village Kusur on the date of monthly meeting only for the purpose of attending monthly meeting of Kusur Village Panchayat.

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2 of 2 8.Appln.240.2024.doc

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Accordingly, Condition No.2(a) of the order dated 18^th April 2024 passed in Criminal Bail Application No.354 of 2024 passed by Additional Sessions Judge, Solapur is modified as follows :-

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“2(a) The Applicant/accused shall not reside in Village Kusur, Taluka South Solapur, District Solapur till disposal of the case. However, to enter in Village Kusur on the date of monthly meeting, he is permitted to attend monthly meeting of Kusur Village Panchayat.”

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As far as other conditions enumerated in order dated 18^th April 2024 are concerned, those will remain in force and intact. Criminal Application is disposed off.

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MST

Gajanan Mallikarjun Birajdar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Gajanan Mallikarjun Birajdar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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