Sandip Vishwambhar Nale vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Sandip Vishwambhar Nale vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Relaxation of the condition barring the applicants from entering the limits of village Nevare, coupled with a direction that the applicants shall not contact the victim; application disposed of accordingly.

Issue for consideration

Whether the bail condition restraining the applicants from entering village Nevare should be relaxed, given that the victim is no longer residing in that village and the parents of the applicants are dependent upon them.

Court's answer

The condition restraining the applicants from entering the limits of village Nevare is relaxed, the learned APP having not disputed on instructions that the victim is presently not residing at village Nevare.

Ratio / Principle

While relaxing the exclusionary condition, the applicants are directed not to contact the victim.

Detailed headnote1 paragraphs

Bail condition – Relaxation – Applicants, accused in Crime No. 344 of 2024 registered by Akluj Police Station, Solapur for offences punishable under Sections 354, 354-A, 354-D, 506 and 507 read with 34 of the Indian Penal Code, were released on bail by the trial Court by order dated 1.7.2024 subject to Condition No.6 that they shall not enter village Nevare except with prior express permission of the Court till conclusion of the trial. By order dated 13.11.2024 the Sessions Court modified the condition to a bar on entering village Nevare except with prior permission of the learned Judicial Magistrate First Class, Malshiras for two years from 01/07/2024. Before the High Court, counsel for the applicants submitted that the victim was not residing in village Nevare and that the applicants' parents were dependent upon them; the learned APP did not dispute on instructions that the victim was presently not residing at village Nevare. Held, the condition restraining the applicants from entering the limits of village Nevare was relaxed, with a direction that the applicants shall not contact the victim. Application disposed of. (N.R. Borkar, J.)

Digitally signed by DINESH DINESH SADANAND SADANAND SHERLA SHERLA Date: 2025.03.25 18:32:38 +0530

39-appln-43-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 43 OF 2025

Sandip V. Nale

Santyawan A. Nale …Applicants V/s. The State of Maharashtra ...Respondent.

Mr. Nagesh S. Khedkar a/w. Mr. Abhishek Nagode, Adv. Sampada Patil i/b Mr. Aadesh Kale for the Applicant. Mr. T.G. Khan, APP for the Respondent/State.

CORAM : N.R. BORKAR, J. DATE : 25.03.2025.

P.C. :

The applicants are the accused in Crime No. 344 of 2024 registered by Akluj Police Station, Solapur for the offences punishable under Sections 354, 354-A, 354-D, 506 and 507 read with 34 of the Indian Penal Code.

The trial Court by order dated 1.7.2024 while releasing the applicants on bail, has inter alia imposed the following condition: “6. They shall not enter village Nevare except with prior express permission of this Court till conclusion of the trial.”

The said condition was challenged before the Sessions Court and by order dated 13.11.2024, the Sessions Court while partly allowing the application filed by the present applicants has modified the condition in question. The operative order passed by the Session Court read thus:

“1) The application is partly allowed.

2) The condition No.6 from order dated 01/07/2024

1/2

Dinesh S. Sherla

39-appln-43-25.doc

passed in C.R. No. 344/2024 by the learned learned Judicial Magistrate First Class, Malshiras is hereby modified as under:

“They shall not enter village Nevare except with prior permission of the learned Judicial Magistrate First Class, Malshiras for the period of two years from 01/07/2024.” 3) Remaining prayer from application is hereby rejected. 4) Present order be communicated to concern police station”

Learned counsel for the applicant submits that the victim is not residing in the village Nevare. It is submitted that the parents of the applicants are dependent upon them. It is thus submitted that the condition in-question be relaxed.

On the other hand, learned APP submits that the Sessions Court has already modified the condition and directed the applicants not to enter the village Nevare for the period of 2 years only. It is submitted that considering the said fact the present application may not be entertained. Learned APP, however, on instructions has not disputed the fact that the victim is presently not residing at village Nevare. In that view of the matter, I am inclined to relax the condition in-question. Accordingly, the condition that “ the applicants shall not enter into limits of village Nevare” is hereby relaxed ”. The applicants shall not contact the victim.

The Application is disposed of in the aforesaid terms.

2/2

Dinesh S. Sherla