1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 112 OF 2009 IN CRIMINAL APPEAL NO. 538 OF 2003 Shivaji Anandrao Kawale ...Applicant Vs. The State of Maharashtra ...Respondent Ms.Revati Mohite-Dhere for Applicant Ms.P.H.Kantharia, A.P.P. CORAM: SMT. RANJANA DESAI & SHRI. R.G. KETKAR, JJ. DATED : 4TH MAY, 2009 P.C. 1. The applicant was convicted along with his brother by the Special Judge, Pune for offence punishable under Section 3(i)(ii) of M.C.O.C. Act. Both of them were sentenced to suffer 5 years imprisonment each and to pay fine of Rs.5,00,000/- each i/d to suffer further imprisonment for 3 years each. The appeal preferred by the applicant and his brother is admitted. 2. On 29th July, 2003 the applicant and his brother were released on bail by learned Single Judge of this Court. They were however directed not to enter Kolhapur City 2 during the pendency of the appeal. 3. On 20th January 2005 this Court relaxed the condition imposed on the brother of the applicant and allowed him to enter the city of Kolhapur. This Court directed him to attend Rajarampuri Police Station once in a week. The applicant preferred an application for permission to enter the city of Kolhapur, because he wanted to attend the marriage ceremony of his son. By order dated 13th August, 2007 he was permitted to enter city of Kolhapur for 15 days and was directed to leave Kolhapur by 31st August, 2007. In the present application the applicant has prayed that the condition to remain outside the city of Kolhapur be relaxed. 4. We have heard learned counsel for applicant. She submitted that inasmuch as the condition imposed on the brother of the applicant was relaxed, the condition imposed on the applicant also be relaxed. 5. Ms. Kantharia, learned A.P.P tendered affidavit of Mr.Tushar P. Patil, Deputy Superintendent of Police, Kolhapur City. In the affidavit it is stated that after the applicant was allowed to enter city of Kolhapur he has committed offence in January 2004 under Sections 341, 3 384, 387, 365, 506 r.w.Section 5, 33 and 34 of the Money Lenders Act registered at Juna Rajwada Police Station, Kolhapur. It is therefore, submitted that the applicant may not be permitted to enter Kolhapur city. Learned counsel for the applicant however stated that in this case the applicant has been acquitted. 6. In the peculiar facts and circumstances of the case since the applicant's brother has been permitted to enter the city of Kolhapur we relax the condition imposed on the applicant not to enter city of Kolhapur. The applicant is permitted to enter Kolhapur city. He shall attend Rajarampuri police station every day between 4p.m to 8.00 p.m. 7. Application is disposed off. (SMT. RANJANA DESAI, J.) (SHRI. R.G. KETKAR, J.)