IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.5523 OF 2005 APPLICATION NO.5523 OF 2005 APPLICATION NO.5523 OF 2005 Popat Namdev Bhosale. ... Applicant. Versus. State of Maharashtra. ... Respondent. Shri S.A.Ingawale for the Applicant. Ms.M.H.Mhatre, A.P.P. for the Respondent. CORAM CORAM CORAM : ABHAY S. OKA, J. : ABHAY S. OKA, J. : ABHAY S. OKA, J. DATED DATED DATED : 5th Sept., 2005. : 5th Sept., 2005. : 5th Sept., 2005. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the Applicant and the learned A.P.P. for the State. 2. Leave to amend granted. Amendment to be carried out within one week. 3. The prayer in this Application is for deleting the following condition incorporated in order dated 13th May 2005 passed by Vth Addl.Sessions Judge, Sangli: "He shall not enter the limits of Atpadi Taluka till the final decision of this case." By the said order, the Applicant was ordered to be enlarged on bail. The learned Advocate for the Applicant relied upon the orders passed in favour of the other co-accused in the same offence. In the said : 2 : 2 : 2 : orders, the Sessions court has imposed the following condition: "(a) That the applicants/accused shall not enter in the village Nelkaranji until the investigation is over and charge-sheet is filed." 4. The learned Advocate for the Applicant submitted that as far as merits of the case are concerned, the Applicant stands on better footing than the said co-accused in whose favour subsequent orders have been passed imposing the aforesaid restraint. 5. The learned A.P.P. pointed out that the other two accused have threatened the witnesses. However, the learned A.P.P. could not point out any material against the Applicant. 6. In view of the subsequent orders passed by the Sessions Court in favour of the co-accused, in my view, condition incorporated in the order granting bail in favour of the Applicant will have to be relaxed. It is not in dispute that the charge sheet is now filed and therefore, no purpose will be served in continuing the condition of non-entry in the village as imposed by the Sessions Court. It is, however, necessary that the Applicant should mark attendance in the Police Station : 3 : 3 : 3 : once in a week till completion of trial. 7. Hence the Application is disposed of by the following order: (i) The condition, viz."He shall not enter the limits of Atpadi Taluka till the final decision of this case" incorporated in order dated 13th May 2005 passed by the Vth Addl.Sessions Judge, Sangli, is substituted by the following condition: "The Applicant shall mark his attendance to the concerned Police Station once in a week till completion of trial." Judge. Judge. Judge.