1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5009 OF 2011 In APPLN/1906/2011 RAJU BABURAO POUL VERSUS THE STATE OF MAH THR. HADGAON P.S. ... Advocate for Applicant : Mr.Kadam Gajanan G. Mr.KJ Ghute-Patil, APP for Respondents: ***** CORAM : K.U.CHANDIWAL, J. DATE : 16th DECEMBER, 2011. PER COURT : 1) Heard Mr.Kadam and learned APP. 2) By order dated 6th May, 2011, while releasing the applicant/accused on bail, this Court directed him not to live in village Banchincholi, Tq. Hadgaon, but to stay at any other place and consequently, the accused/applicant is staying temporarily at Nanded and recording his appearance before Shivajinagar police station, Nanded as was directed. 3) By clause No.4, the applicant/accused was restrained from entering Hadgaon and also village Banchincholri, Tq. Hadgaon. 2 4) The witnesses are mostly from village Banchincholi. Grand mother of the applicant/accused is taken ill, she is quite aged, the applicant fears if any untoward incident/event takes place, he will face the difficulties to attend his ailing grand- mother including other rituals. 5) Learned Counsel submits that the distance between Hadgaon and Banchincholi is of 5 kms and the accused/applicant has arranged at Hadgaon to stay and he will be able to manage his agricultural operations by remaining at Hadgaon. 6) Considering above aspects of the matter and the difficulties indicated in the application, the order dated 6th May, 2011 to the extent of residence of the applicant/accused is modified as under : (i) The accused/applicant, instead of staying at Nanded, is permitted to stay at Hadgaon. However, he shall not visit village Banchincholi. (ii) The accused/applicant to give attendance at Hadgaon police station on every last Sunday of the month, till conclusion of trial, by maintaining a diary to that effect; 3 (iii) However, considering serious ill-health of grandmother of applicant/accused, the applicant is now permitted, for a period of 30 days, effective from 19th December, 2011 up to 18th January, 2012, to enter village Banchincholi at the gap of alternate day. 7) Criminal Application allowed in aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/