1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.358 OF 2010 IN CRIMINAL APPLICATION NO.4355 OF 2009 Amit Prakash Gawali ..Applicant Vs. The State of Maharashtra ..Respondents ......... Mr.Rakesh R. Bhatkar, for applicant. Mr.Y.M.Nakhwa, APP for respondent State. ......... CORAM: R.G.KETKAR, J. (VACATION COURT) DATE : 24th MAY, 2010. P.C. : Not on board. Mentioned. By consent, taken on board. 2] This application is for relaxation of the conditions imposed by this Court in the order dated 24 th November, 2009 in Criminal Application No.4355 of 2009 and for permitting the applicant to participate in the election process for electing the President of the Lonavala Municipal Council. 3] Heard Mr.Bhatkar, learned counsel for applicant and Mr.Nakhwa, learned APP for respondent State. 4] Mr.Bhatkar submitted that while enlarging the applicant on bail by order 358-10.sxw 2 dated 24 th November, 2009, this Court declined the permission to the applicant to enter the city of Lonavala for the purpose of attending the meetings of Lonavala Municipal Council on the ground that, in the facts and circumstances of the case, there is every possibility of the applicant threatening the prosecution witnesses or trying to tamper with the evidence. The Court also directed the applicant to report to the nearest police station from his new residence at Khalapur once in a week. 5] Mr.Bhatkar submitted that the applicant has not violated any of the conditions imposed by this Court in the order dated 24 th November, 2010. He has been reporting to the nearest police station once in a week. This aspect is not disputed by the learned APP. Mr.Bhatkar has relied upon the order dated 21 st December, 2009 passed by this Court (Coram:S.J.Kathawalla, J.) permitting the applicant to enter the city of Lonavala on 22 nd December, 2009 to caste his vote in the elections of Lonavala Municipal Council by relaxing conditions imposed by order dated 24 th November, 2009. He further submitted that the applicant is residing in Khalapur and he is ready and willing to enter the city of Lonavala under the police escort of Khalapur Police Station and after entering Lonavala, under the police escort of the concerned Police Officer of Lonavala City Police Station. He undertakes not to enter into Bhangarwadi area of Lonavala city where the complainant resides. Mr.Bhatkar invited my attention 358-10.sxw 3 to the election programme wherein the nomination for the post of President of Municipal Council is to be submitted before the Chief Officer upto 2 p.m. on 25 th May, 2010. In case the nomination is rejected, the appeal is to be preferred under Section 51(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 from 25 th May, 2010 to 27 th May, 2010 upto 5 pm. He submits that in case the applicant’s nomination is rejected, the applicant may be granted liberty to stay in Lonavala city for the purpose of filing appeal. He further submitted that, in such a situation, the applicant will leave Lonavala city after 2 pm. on 25 th May, 2010 and will re-enter Lonavala city under the same police escort arrangement on 27 th May, 2010 for the purpose of filing appeal. The date of withdrawal of nomination is 28 th May, 2010 and the election is to be held on 29 th May, 2010. 6] After hearing learned counsel for the applicant and learned APP for respondent State, I am of the opinion that the following order would meet the ends of justice:- (a) The applicant is permitted to enter Lonavala City on 25 th May, 2010 under the police escort for the purpose of filing nomination for the post of President. He shall go back to Khalapur after 2 p.m. on 25 th May, 2010 under the police escort. (b) In case, the nomination of applicant is accepted, he need not 358-10.sxw 4 to be bought to Lonavala on 27 th May, 2010. However, he is allowed to enter the city of Lonavala on 28 th May, 2010 at 10:30 am. under police escort till the declaration of result of election. After the result of election is declared on 29 th May, 2010, the applicant will go back to Khalapur where he is residing. (c) The applicant is permitted to enter Lonavala city under the police escort on 27 th May, 2010 for the purpose of filing appeal in case his nomination is rejected and to stay in Lonavala upto 29 th May, 2010 under police escort. After the result of election is declared on 29 th May, 2010, the applicant will go back to Khalapur under police escort. (d) The applicant shall not enter into Bhangarwadi area of Lonavala city. (e) The applicant shall bear the expenditure towards the police escort. 7] The application stands disposed in the aforesaid terms. [R.G. KETKAR, J.] 358-10.sxw