1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3604 OF 2009 IN CRIMINAL APPLICATION NO.2786 OF 2009 Manoj Prabhakar Lohar ..Applicant V/s The State of Maharashtra ..Respondent ... Mr.Rajendra Deshmukh, Advocate for applicant. Mr.S.D. Kaldate, AGP for respondent-state. WITH CRIMINAL APPLICATION NO.4056 OF 2009 IN CRIMINAL APPLICATION NO.2766 OF 2009 Dhiraj Yashwant Yeole ..Applicant V/s The State of Maharashtra ..Respondent ... Mr.Vinod Patil, Advocate for applicant. Mr.S.D. Kaldate, AGP for respondent-state. (CORAM : V.R.KINGAONKAR,J.) DATE : 14th December, 2009. 2 PER COURT : 1. Heard Counsel and the learned APP. 2. The applications are moved for relaxation of condition, whereby the applicants were directed to attend the office of Investigating Officer at Nashik on each Tuesday and Saturday, while granting bail. The bail order was rendered with such conditions on 05.09.2009. 3. It appears from submission of Counsel and also the learned A.P.P. that Section 364-A of the Indian Penal Code is sought to be deleted from First Information Report and the report is submitted to the concerned Court, for such purpose. Obviously, it prima facie appears that the gravity of offences alleged against the applicants is prima facie reduced. The only reason given in the report of the Investigating Officer is that the vehicle used for transportation of the complainant to residence of the applicant no.2-Dhiraj is required to be recalled. It is not a material reason to continue imposed condition. Considering the time gap between the date of bail order and the 3 request made by the applicant, I am of the opinion that it is not necessary to continue the condition in question. 4. In the result, the applications are allowed. The condition No.(iii) shown in the bail order is de- clamped. The condition imposed on applicant no.2-Diraj regarding remaining away as shown in paragraph No.(ii) of the final order is however continued since the charge sheet is yet to be filed. The applications are accordingly disposed of. (V.R.KINGAONKAR) JUDGE GAS/cria3604.09