1 (Appp 724 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINGAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 724 OF 2011 IN CRIMINAL APPLICATION NO.4355 OF 2009 Amit Prakash Gavali ...Applicant Vs. State of Maharashtra ...Respondent ----- Mr. K.S. Patil i/b. Mr. Pramod G. Kathane for Applicant Mr.J.P. Kharge -APP for State ----- CORAM: V.M. KANADE J. DATE: 16th December, 2011 P.C. 1. Mentioned not on Board. 2. It is submitted that the Applicant is seeking further modification of the order dated 24.11.2009 in Criminal Application No. 4355 of 2009. It is submitted that by the said order, the Applicant was permitted to enter the City of Lonawala for the purpose of casting his vote in the elections, which were held on 11th of December, 2011. It is submitted that the result has been declared and the Applicant has been elected as the Municipal Councilor and further elections for the posts of President and Vice President are scheduled to be held on 20.12.2011. It is submitted that the Applicant may be permitted to enter 2 (Appp 724 of 2011) Lonawala City for two days on 19th December, 2011 and 20th December, 2011 under the Police Escort. 3. The learned counsel appearing on behalf of the State submits that 19th December is the date of withdrawal of nomination and if the Applicant is permitted to enter Lonawala City, he may threaten the other elected candidates to withdraw their nominations and, therefore, at the highest permission may be granted to the Applicant to enter Lonawala City on 20th December, 2011. 4. Since the nominations can be withdrawn upto 4 p.m. on 19th December, 2011, in my view, it would be appropriate if the Applicant is permitted to enter Lonawala City at 6.00 p.m. on 19.12.2011 under Police Escort and he leaves Lonawala City on 20.12.2011 at 6.00 p.m. The expenses of the Police Escort shall be borne by the Applicant. All other conditions which were incorporated in the earlier order dated 24.11.2009 shall stand incorporated in this order. The order is, accordingly, modified. Parties to act on the authenticated copy. Certified copy of the order is expedited. (V.M. KANADE J.)