1 1273.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1273 OF 2011 IN CRIMINAL APPEAL NO.1264 OF 2004 Manohar Sakpal ...Applicant Versus The State of Maharashtra ...Respondent ...... Mr.Gaurav Sinha i/b Dr.Yug Mohit Chaudhary for Applicant. Mr.V.B.Konde-Deshmukh, A.P.P. for Respondent-State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- NOVEMBER 18, 2011. P.C. 1. This Application is for modification of condition 4(b) of the order dated 15th February, 2011 passed in Criminal Application No.205 of 2011. As per that condition, the applicant was ordered not to enter District Ratnagiri. Pursuant to the said bail order, the applicant was released on 3rd May, 2011. Since then, the applicant is residing in Village Tike, Taluka and District Ratnagiri, which is one hour vehicle travel distance from the Village where the incident in question had occurred. 2 1273.11 2. It is stated by the learned A.P.P. on instructions that the applicant has been residing at the said village and was regularly reporting to the local Police Station of Village Tike on the first Monday of every English Calender Month. 3. As aforesaid, the condition imposed in the said order was to restrict the applicant from entering District Ratnagiri as a whole but the applicant misunderstood the said order and started residing in village Tike in District Ratnagiri. He has not entered village Devale Malwadi in Taluka Sangameshwar, District Ratnagiri. It is also not in dispute that the applicant has been attending the local police station i.e. Ratnagiri Police Station (Rural) on regular basis every English Calender Month. Further, the applicant is not keeping good health. No untoward situation has been reported against the applicant since he was released on bail in terms of order dated 15th February, 2007. The applicant undertakes to abide by all other conditions specified in the said order. 4. Taking overall view therefore, in the interest of justice, we modify clause (b) of the order to read as follows : 3 1273.11 (bi) The Applicant shall not enter village Devale Malwadi, Taluka Sangameshwar, District Ratnagiri until further orders of this Court. (bii) Further the applicant shall continue to report to Ratnagiri Police Station (Rural) on the first Monday of every English Calender month between 9.30 a.m. to 11.30 p.m. In case, the applicant shifts his residence from Village Tike where he is presently residing, shall inform Ratnagiri Police Station (Rural) about such change in advance and furnish his latest residential address well in time.” 5. Application disposed of on the above terms. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)