1 (APPP 644 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.644 OF 2011 IN CRIMINAL APPLICATION NO.4355 OF 2009 Amit Prakash Gawali ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mrs. Revati Mohite Dere i/b. Mr.Randhir Kale and Mr.Vishal Kolekar for Applicant Mrs.A.T. Javeri -APP for State ----- CORAM: V.M. KANADE J. DATED: 11th November, 2011 P.C. 1. An FIR was lodged against the Applicant for the offences punishable under sections 302, 307 r/w. 34 of the Indian Penal Code, which is registered vide C.R. No.72 of 2009 with Lonawala City Police Station. An application was filed by the Applicant for bail and by order dated 24th November, 2009 passed in Criminal Application No.4355 of 2009, this Court was pleased to release the Applicant on bail subject to certain conditions which were imposed by this Court. One of the conditions was that the Applicant should not enter Lonawala City during the pendency of the trial. 2 (APPP 644 of 2011) 2. The Applicant now seeks relaxation of this condition for a period between 16th of November,2011 to 8th December, 2011. It is submitted by the learned counsel appearing on behalf of the Applicant that the elections of Municipal Council are scheduled to be held on 8th of December, 2011 and the Applicant wishes to contest the said election. It is submitted that the Applicant may be permitted to enter Lonawala City between 16th November, 2011 to 8th December, 2011 for the purpose of filing the nomination and for campaigning and for casting his vote on 8th December,2011. It is submitted that on two earlier occasions, the Applicant was permitted to enter Lonawala City. By order dated 21st December, 2009 passed in Criminal Case No.570 of 2009, the Applicant was permitted to cast his vote on 22nd December,2009. However, a police escort was provided to the Applicant. Thereafter, by order dated 24th May,2010 in Criminal Application No.358 of 2010, he was permitted to enter Lonawala City on 25th May,2010 under the police escort for the purpose of filing nomination for the post of President of the Lonawala Municipal Council. It is submitted that another complaint was filed against him on 1st May,2011 vide C.R. No.52 of 2011 registered with the Lonawala City Police Station for the offence punishable under sections 395,452, 504, 506 and 120B 3 (APPP 644 of 2011) of the Indian Penal Code. It is submitted that he was released on bail by the Sessions Court and no condition was imposed by the Sessions Court of not entering Lonawala City. It is further submitted that the Applicant shall not enter the area where the relatives of the deceased are residing. 3. On the other hand, the learned APP for the State submits that during the pendency of the trial in respect of case arising out of C.R. No.72 of 2009, another criminal case has been registered against the present Applicant vide C.R. No.52 of 2011. She submitted that though an independent condition was not imposed by the Sessions Court, the Sessions Judge had noted in his order that in view of the order passed by this Court and the condition which was imposed by this Court, the said condition would provide protection to the witnesses. It is submitted that this is not a fit case for relaxation of the condition, taking into consideration the past antecedents of the Applicant. 4. In my view, there is much substance in the submissions made by the learned APP for the State. Taking into consideration the past record of the Applicant and more particularly, the fact that another 4 (APPP 644 of 2011) criminal complaint has been registered against him on 1st May, 2011, it will not be possible to permit the Applicant to enter Lonawala City for a period of 15/20 days. However, in my view, it would be appropriate if the Applicant is permitted to enter Lonawala City on 16th of November, 2011 for the purpose of filing his nomination form for the election of corporator and also to cast his vote on 8th December, 2011 under the police escort. It is further clarified that in case if nomination is accepted, he need not be brought to Lonawala on 23rd November, 2011. However, it is clarified that if his nomination is not accepted, he would be permitted to enter Lonawala City on 23rd November, 2011 for filing a scrutiny against the said order under the police escort. The Applicant shall enter Lonawala City on 16th November, 2011 under the police escort. He shall go back to Khalapur after the nomination papers are filed by him on the same day under the police escort. Similarly, on 8th of December,2011 he shall enter Lonawala City after the voting starts and immediately he be taken back to Khalapur after the voting is over under the police escort. 5. The Applicant shall pay necessary charges for being escorted by the police officers. The parties shall act on the copy of this order duly authenticated by the 5 (APPP 644 of 2011) Shirestedar of this Court. Application is, accordingly, disposed of. The Applicant, however, on all occasions shall not enter Bangarwadi and Tungarli area of Lonawala City on both days. (V.M. KANADE J.)