1 crapn4498.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4498 OF 2010 IN CRIMINAL APPEAL NO.493 OF 2010 1. Sanjay Jagnnath Lande, Age: 32 years,Occ: Service, R/o. Murshatpur-Ashti, Tq. Ashti, Dist. Beed. 2. Indumati Jagnnath Lande, Age: 58 years, Occ: Household, R/o. B/204, Jivan Prakash Society, Louiswadi, Thane, Tq. & Dist. Thane. 3. Rahul s/o Jagnnath Lande, Age: 290 years, Occ: Service, R/o. As above. 4. Gayabai Rama Kakde, Age: 80 years, Occ: Nil, R/o. As above. ...APPLICANTS VERSUS The State of Maharashtra. ...RESPONDENT ... Mrs. Sadhana S. Jadhav, Advocate for applicants. Mr. V.D. Rakh, A.P.P. for respondent. ... CORAM: S.S. SHINDE, J. DATE : 25TH FEBRUARY, 2011 2 crapn4498.10 PER COURT : Heard learned Counsel for the applicants and learned A.P.P. for the respondent – State. 2. This application is filed by the applicants, praying therein for setting aside order dated 28-09-2010 passed by the learned Adhoc Additional Sessions Judge-2 Ambajogai. 3. Learned Counsel for the applicants invited my attention to the fact that applicant Nos. 2 to 4 are residing at Thane and applicant No.1 is residing in Ashti Taluka, District Beed and therefore, inconvenience is being caused to them, because of the conditions imposed upon them, to attend the Court once in a three months i.e. four times in a year. Counsel further submits that so far applicant No.4 Gayabai Rama Kakde is concerned, she is of 80 years old and therefore, is not able to move from her place. 3 crapn4498.10 4. Applicants have placed on record the medical evidence at Exhibit-B of the compilation and relying on the medical opinion, it is prayed that the impugned order be set aside or modified. 5. Learned A.P.P. vehemently opposed the application and submitted that, on the first date of hearing itself, the applicants requested for exempting them from appearing in the matter before the trial Court, and prayed for rejection of the application. 6. Upon hearing learned Counsel for the applicant and learned A.P.P. for the State, I feel it appropriate to exempt applicant No.4 Gayabai Rama Kakde from appearing before the Court of the Sessions, Ambajogai, as directed by the concerned Court in the impugned order. In short, henceforth, applicant No.4 Gayabai Rama Kakde need not appear before the concerned Court. 7. So far applicant Nos. 1 to 3 are 4 crapn4498.10 concerned, time being their prayer for exempting them from appearing before the Court below is rejected. However, they can move for the said prayer after six months from today. 8. The application is partly allowed and disposed of accordingly. [ S.S. SHINDE, J.] sut/feb11/crapn4498.10