1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.2950 of 2009 In Criminal Application No.3674 of 2008 (Girdharilal s/o Sohanlal Agrawal v. State of Maharashtra) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.M. Rizwy, Advocate for Applicant. Shri P.D. Kothari, APP for State. Coram : R.C. Chavan, J. Dated : 25 th September, 2009 By this application, the applicant has sought relaxation of the condition imposed in the order passed in Criminal Application No. 3674 of 2008 on 24-10-2008 granting bail to the applicant. One of the conditions imposed was that the applicant shall keep himself outside Nagpur district, except when the police officers summon him. The applicant was given liberty to apply for modification of the conditions after the chargesheet is filed. After this order was passed on 24-10-2008, the applicant did file an application, bearing Criminal Application No.437 of 2009, for relaxation of 2 this condition. This application was rejected on 23-4-2009. While rejecting the application, this Court held that the application was rejected as premature. This, however, did not mean that the Investigating Officer would conduct the investigation at his leisure. If the investigation was not completed within three months, liberty was granted to the applicant that he may again apply for relaxation of the conditions. In pursuance of this liberty granted, the applicant has now applied for relaxation of the condition after the period of three months was over. On behalf of the State, the learned APP points out that the investigation in the crime is complete and the permission to file chargesheet against Dilip Keshavrao Yeole and Vijaya Dashrath Thakre has been received, but the permission to file chargesheet against Liladhar Shamrao Bawiskar has not yet been received in spite of the correspondence. The letter of PSI, Police Station Hingna, written to the learned APP, which he has made available for my perusal, concludes with the words that “the investigation is in progress. Now if the police have already sought permission to file chargesheet, they cannot contend that the investigation is still in progress. Since the investigation is over and the chargesheet is not yet filed for want of permission to file chargesheet against Liladhar 3 Shamrao Bawiskar, the co-accused, the reason to prevent the petitioner from entering Nagpur district, does not exist. The condition imposed in the order dated 24-10-2008 is, therefore, altered. The petitioner may enter Nagpur district, if not restrained in any other case, and shall report Police Station Hingna-MIDC, on every Sunday at 10 a.m. till the trial is over. The application is disposed of accordingly. Judge. pdl