1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.393 OF 2009 IN CRIMINAL APPLICATION NO.1909 OF 2009 Ravikiran Visnupant Ingawale .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.S.R.Borulkar i/b Mr.A.B.Vagyani for the applicant. Mr.Prakash Naik for the original complainant. Ms.Alfa Zaveri APP for the State. Coram: D.B. BHOSALE, J. Dated : 18TH AUGUST, 2009 P.C. 1. Mentioned. Not on board. 2. Heard learned counsel for the applicant and learned APP for the respondents. 3. By this application, the applicant is seeking modification of the order dated 6.5.2009 passed by this court in criminal application No.1909 of 2009. By that order the applicant was directed to be enlarged on bail subject to condition that he shall not enter the limits of Kolhapur Municipal Corporation for any purpose whatsoever, except for attending the date/s of hearing before the Sessions Court, Kolhapur. It was also made clear that the conditions imposed by this order shall not be 2 relaxed/modified till conclusion of the trial. 4. Mr.Borulkar, learned counsel for the applicant invited my attention to section 11 of the Bombay Provincial Municipal Corporation Act, 1949 (for short “the Act”) and submitted that the applicant is a councillor and if he is not allowed to attend the next general body meeting of the corporation, he shall ceased to hold the office. He submitted that the applicant has not attended the last five meetings of the general body and the next meeting which is scheduled to be held on 20.8.2009, will be the sixth meeting of the general body. He further submitted that the applicant shall not seek similar modification of the condition for the next five meetings of the general body of Kolhapur Municipal Corporation. Having considered the submissions of Mr.Borulkar, learned counsel for the applicant and the provisions contained in section 11 of the Act, I am inclined to pass the following order: The applicant will be allowed to enter the limits of Kolhapur Municipal Corporation only for attending the general body meeting of Kolhapur Municipal Corporation to be held on 20.8.2009 with police escort. He shall approach the Sangola police station, where he is presently residing, which shall provide him the police escort. The applicant shall enter the limits of Kolhapur city for attending the general body meeting at about 9.30 am and shall leave the city by 6.00 3 O’clock in the evening on 20.8.2009. It is made clear that if the applicant indulges in any activity which is likely to affect the trial in any manner, it would be open to the State to seek cancellation of bail on that ground. It is further made clear that no such modification will be allowed for enabling the applicant to attend the next five general body meetings of Kolhapur Municipal Corporation (i.e. the meetings after the meeting dated 20.8.2009). With these directions the application is disposed of. (D. B. Bhosale, J.)