1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.989/2009. (Sambhaji Maruti Wandekar Vs. The State of Mah. and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NV Gavare, Advocate for the applicant; Mr.SG Nandedkar, APP for State; Mr.Temkar, Adv. for Respondent no.2. ___ CORAM : K.U.CHANDIWAL, J. DATE : 8 th October,2009. 1. Mr. Temkar appearing for the accused (respondent) files affidavit in reply, copy of which received by Mr. NV Gavare for original complainant. 2. Heard learned Counsel. 3. This is an application for cancellation of bail since the terms of release are allegedly violated. 4. The direction of the learned Additional Sessions Judge, Ahmednagar in Misc. Criminal Application No.499/2007 so far as conditions are concerned, runs as under; “The accused applicant is directed not to tamper prosecution evidence directly or indirectly or in any manner. He is further directed not 2 to enter vicinity of village Vaiju- Babhulgaon till the end of August 2007 or till filing of the charge sheet whichever is earlier. He is further directed to attend Pathardi police station on each Sunday between 10.00 a.m. to 12.00 noon till the end of August 2007.” 5. So the factual situation indicate that the impediment about the movement of the applicant/accused not to enter the vicinity of village Vaiju-Babhulgaon was virtually till the end of August 2007 or till filing of the charge sheet. The incident, to which reference is given, signed by several villagers is dated 12.6.2008. Though it is signed by several villagers, showing that the accused in drunken state of affair abused and manhandled several persons, had brawl with some villagers. Even he had exerted threat to some of the villagers to eliminate them. 6. Though the conduct of the accused cannot be appreciated, he has tried to violate the terms and conditions by creating terror in the village and humiliating the witnesses, who are directly involved with the affair of the accused. However, since during the course of submissions, Mr. Temkar for the accused informed, the accused is the only 3 son of his parents and father is blind, has to maintain family, the movement of the accused needs restricted for certain limited period. Hence, order. (i) The accused – Bapu s/o Raosaheb Fulshete shall remain outside village Vaiju-Babhulgaon for a period of six months. (ii) Other terms of bail remain unaltered. 7. Criminal Application allowed to the extent indicated above. ( K.U.CHANDIWAL ) JUDGE bdv/cran989.09