1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 676 OF 2010 IN CRIMINAL APPEAL NO. 387 OF 2002 Manohar Baba Dhonde ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri S.M.Godsay, advocate for the applicant/appellant Shri K.S.Patil, APP for the respondent ..... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 03.03.2010 ORAL ORDER 1 This is an application filed by the applicant, who is respondent in Criminal Appeal No. 387 of 2002 filed by the State of Maharashtra questioning his acquittal for offence punishable under Sections 120B, 147, 148, 307 r/w 149 and 302 r/w 149 of the Indian Penal Code. 2 2 While admitting the appeal, this court had directed that action under Section 390 of the Code of Criminal Procedure be initiated. Pursuant to the said direction, the applicant appeared before the Additional Sessions Judge, Nanded and sought his release on bail. The Additional Sessions Judge, Nanded by an order dated 28.10.2009 passed in the said appeal, directed the release of the applicant on bail on the applicant furnishing a P.R. bond in the sum of Rs. 15,000/- with surety in the like amount. The Additional Sessions Judge, Nanded further imposed the conditions of the applicant of appearing before the High Court on 9.11.2009 as well as the applicant shall not leave the “precincts” of Aurangabad without intimating the Additional Sessions Judge, Nanded. Amongst the other conditions, one of the conditions that was imposed on the applicant was that the applicant shall appear before the Additional Sessions Judge, Nanded once a month till the decision of the appeal or till the order varies by this court. 3 As pointed out by us above, the applicant being aggrieved by the imposition of these conditions, has filed the present application seeking modification of the conditions. 3 4 Mr. Godsay, learned counsel for the applicant has urged before us that the applicant is a professor working in Deogiri College, Aurangabad. The applicant is residing at Aurangabad since last 13 years. According to the learned counsel for the applicant, the condition that the applicant shall not leave Aurangabad without intimating the Additional Sessions Judge, Nanded is an onerous condition, as the applicant is required often to leave Aurangabad on account of the fact that the applicant is founder of ‘Shiva’ a social organization established by the members of Veer Shaiva Community. According to us, the afore said condition that the applicant shall not leave Aurangabad without intimating the Additional Sessions Judge, Nanded is a onerous condition, as the applicant is required to undertake a travel of about 4 to 5 hours to intimate the Additional Sessions Judge, Nanded. In that light of the matter, we delete condition no.3 that the applicant shall not leave Aurangabad without intimating the Additional Sessions Judge, Nanded. Similarly, condition no.6 requiring the applicant to attend the court of the Additional Sessions Judge, Nanded once a month needs to be modified. We accordingly direct that the applicant shall appear before the Additional Sessions Judge, Nanded once in four months, 4 instead of once a month. 5 Application allowed accordingly. Humdast permitted. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crap676.10