APPA. 1177-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1177 OF 2011 IN CRIMINAL APPLICATION No. 1252 OF 2009 IN CRIMINAL APPEAL No. 977 OF 2009 Upendra Arjun Gaund ... Applicant Vs. The State of Maharashtra ... Respondent *** Mr. Ganesh Bhujbal i/b Prakash Naik, for the Applicant. Mr. K. V. Saste, APP for the Respondent. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : SEPTEMBER 26, 2011 PC: 1. This is an application seeking relaxation of the condition imposed by this Court by an order dated 9th February, 2010 passed in Criminal Application No. 1252 of 2009. It is submitted that by the said order though this Court directed that the applicant be released on bail, a condition was imposed that the applicant should not enter the jurisdiction of Nala Sopara Police Station. It is submitted that the applicant has complied with this condition imposed by this Court since 9th February, 2010. It is submitted that all other accused have APPA. 1177-11 - 2 - been released on bail. In the application it is stated that his new born child is staying with his wife within the jurisdiction of Nala Sopara Police Station and even his parents are very old and the entire family depends on him for their livelihood. It is submitted that a direction may be given to report to the Nala Sopara Police Station in order to secure his presence. 2. In our view, since the applicant has complied with the condition imposed by this Court by the order dated 9th February, 2010 and taking into consideration the fact that the applicant’s wife and old parents are residing at Nala Solapra, the said condition, in our view, can be relaxed by imposing a further condition on the applicant. 3. The condition imposed by the order dated 9th February 2010 is relaxed. However, the applicant shall report to the Nala Sopara Police Station twice in a month. If any complaint is received by the police against the applicant about harassment to the witnesses, in that case an application may be filed for cancellation of the bail. . Criminal application is disposed of in the aforesaid terms. [A. M. THIPSAY, J.] [ V. M. KANADE, J.]