IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 603 OF 2009 CRIMINAL APPLICATION NO. 603 OF 2009 CRIMINAL APPLICATION NO. 603 OF 2009 Shivaji Shahaji Waghmare ...Applicant vs. The State of Maharashtra ...Respondent Mr.Jaydeep D. Mane for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 25, 2009 DATED : MARCH 25, 2009 DATED : MARCH 25, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for relaxation of condition imposed by the Sessions Court by order dated 30th January, 2009. 2. The applicant was arrested in connection with an offence punishable under Sections 409, 423, 437 of the IPC and also under Section 13(1)(C)(D) and 13(2) of the Prevention of Corruption Act. He was released on bail, however, the condition was imposed by the court that he should not leave the jurisdiction of Solapur Court without the permission of the court. An application was filed for cancellation of the said condition, however, the said application was rejected. Thereafter, he again - 2 - moved the High Court against the said order. This Court, however, directed the applicant to again make an application in the Sessions Court. Initially, permission was granted by the Sessions Court to leave the jurisdiction of the Solapur court for a period of 15 days till 19th January, 2009. Again a second application was made seeking permission to leave the court for two months. However, the said application was rejected. 3. Counsel for the applicant, therefore, has submitted that the applicant is residing in Pune, the case has been transferred from Mohol Police Station to CID Crime, Pune, the applicant is suffering from various ailments. Therefore, it was submitted that if he is permitted to stay in Pune, he would be in a position to take proper treatment and also attend CID crime at Pune. It was submitted that though initially the court has imposed the condition that he should not leave the jurisdiction of Solapur Court, the said condition has now been relaxed by order dated 17th February, 2009 and also order dated 31st May, 2008 is passed. - 3 - 4. In my view, the said condition is to be relaxed. Firstly, the applicant is now residing in Pune and the investigation is already transferred to Pune, therefore, imposition of this condition of not leaving Solapur city would not serve any purpose. Hence, the said condition is deleted. 5. The applicant, however, shall report to the State CID Crime, Pune, as and when called and thereafter, shall not report to Mohol Police Station in view of the transfer of the case. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)