jpc appln289-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 289 OF 2011 Anwar Abdul Rehman Patel and another ... Applicants Versus The State of Maharashtra ... Respondent Mr. Niranjan Mundargi i/by Mr. Atul Kore Patil for the applicants Mrs. A. A. Mane, APP for the State. Mr. Shinde- (PC1833) present from Kharghar Police station CORAM:- A.M. THIPSAY, J. DATED :- 22nd June, 2011. P.C. : 1. Heard Mr. Niranjan Mundargi, the learned Advocate for the applicants and Mrs. A. A. Mane, APP for the State. 2. The applicants are the accused in Crime No. I4/2010, registered with Kharghar Police station. There are six other accused in the said case. On the application for bail made by the applicants, learned Additional Sessions Judge, Raigad granted bail to them but inter alia, stipulated that the applicant shall not jpc appln289-11.sxw 2 enter into village Owegaon, Taluka Panvel, falling within the jurisdiction of Kharghar Police Station and the place, where the alleged incident occurred. The applicants now approach this Court for relaxation of the said condition, on imposition of which the bail was granted, contending, in substance, that the said condition is rather harsh and also unnecessary. 3. It is not in dispute that the applicants are residents of Owegaon, Ta. Panvel. It is also not in dispute, that the charge sheet has already been filed in the matter. What is significant is, that the other accused, who were also released on bail by the Court of Sessions, have not been saddled with such a condition. 4. After going through the F.I.R. , copy of which is submitted by Mr. Mundargi, I do not find that there is any distinction between the case of the applicants and that of the other accused, so as to justify the imposition of the said condition, only with respect to the applicants. Even otherwise, more than six months have passed since the imposition of the said condition. Considering all the relevant aspects of the matter, I jpc appln289-11.sxw 3 am of the opinion that the said condition may now be cancelled. 5. The condition to the effect that 'the applicant shall not enter into village Owegaon, Taluka Panvel falling within the jurisdiction of Kharghar Police Station and the place, where the alleged incident occurred', stands cancelled with immediate effect. 6. Save and except the above, there shall be no other modification in the order dated 24/12/2010, passed by the Additional Sessions Judge, Raigad. 7. The application is accordingly disposed of. (A.M. THIPSAY, J.)