1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1142/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Swapnil Patil, Advocate for applicant; Mrs.B.R.Khekale, APP for State; Mr. AM Gaikwad, Advocate for Resp.Nos. 2 to 5. ___ CORAM : K.U.CHANDIWAL, J. DATE : 17 th August,2009. 1. Heard learned Counsel extensively. 2. By order dated 2nd July, 2008, learned 3rd Adhoc Additional Sessions Judge, Ambajogai directed the original accused to be released on bail of Rs.1,00,000/- with solvent surety in the sum of Rs. 50,000/- each and also directed attendance on every Monday, Wednesday and Saturday and cooperate with the Investigator, with further direction not to enter within the limits of village Aswalamba till filing of the charge sheet. 3. By virtue of other application, being Misc.Criminal Application No.280/2008, the learned 3rd Adhoc Additional Sessions Judge, Ambajogai on 14.8.2008 relaxed the condition(b) inhibiting entering the 2 limits of village Aswalamba and also relaxed the condition (a) about recording the attendance. 4. The Counsel for the complainant informs that the bail is misused as the applicant has committed three distinct offences, for which the matter was reported to the police. The threat perception of the applicant is increasing day by day due to their presence in the village and the witnesses are likely to suffer, giving a jolt to the prosecution. 5. By filing affidavit in reply of Balasaheb s/o Maroti Dhakane, allegations are denied by the accused. Mr.Gaikwad, learned Counsel, during the course of submission, also contended as to how the allegations for offence under Section 302 of IPC are not free from criticism, as it is couched with different infirmities. 6. At this stage of the matter, this court is not called upon to investigate the infirmities in the registration of the offence or nature of accusations. The fact only to be ascertained is, whether there is misuse of orders of the Court since there are at least two occasions, which indicate that the accused have entered the village and committed the offence punishable under Section 354 3 (against the complainant) and 324 (against the nephew of the complainant). Without further adverting to the merits in the grant of bail application, the fact remains that protection of the complainant and other witnesses should be looked into with protection to avoid a ditch to the prosecution case. Consequently, following order. 7. The accused – Bankati s/o Tukaram Dhakane and Somnath s/o Shankar Dhakane shall not enter the limits of village Aswalamba, Tq. Parli, till disposal of the case. They will remain at Waghdari, Tq. Gangakhed, District Parbhani and they shall report Gangakhed Police Station on last Sunday of every month between 2.00 p.m. to 5.00 p.m. 8. The above accused shall not cause any threats to the witnesses. 9. Criminal Application for the accused – Hulappa s/o Maroti Dhakane and Balasaheb s/o Maroti Dhakane is rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran1142.09