1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1991/2009. Sallauddin Sher Mohammad Makrani - APPLICANT VERSUS The State of Maharashtra - RESPONDENT ***** Mr.S.P.Brahme, Advocate for Applicant; Mr.K.M.Suryawanshi, APP for Resp.No.1/State. Mr.S.M.Godsay, Advocate for Resp. Nos. 2 & 3. ----- CORAM : K.U.CHANDIWAL, J. DATE : 21st August, 2009. PER COURT : 1) Heard learned Counsel extensively. 2) The application is moved by the original complainant to put original accused nos. 8 and 9 (respondent nos. 2 and 3 herein) in custody by cancelling the bail dated 12.12.2008 granted vide Criminal Application No.106/2008 moved before the learned Additional Sessions Judge, Shahada. 3) An affidavit in reply by Imran Ali Nisar Ali Makrani is filed on behalf of Respondent No.2 2 and 3, denying the allegations. It refers filing of two Crimes being C.R.No. 20/2009 and C.R. No. 89/2008. For Crime No.20/2009, there is affidavit of the complainant, which according to Mr.Godsay, exonerates the accused while Crime No.89/2008 is registered at the instance of the present applicant/original complainant. 4) Mr.Brahme, learned Counsel for the complainant, informs that the State has also moved the learned Sessions Judge, intimating that there are at least six other cases pending against the present Respondents nos.2 and 3 and consequently stringent action was solicited. 5) Taking survey of all the facts as also considering the right of liberty of the accused/Respondent nos. 2 and 3, the apprehension nursed by the original complainant/applicant also needs to be addressed. Hence, following order - 6) Respondent No.2 – Nisarali Noor Mohammad Makrani and Respondent No.3 – Imranali Nisarali Makrani, should not live at village Rajmohi or Akkalkuwa, District Nandurbar for a period of one 3 year. These respondents shall furnish to the Investigator the place of their residence within eight days from today. The changed residence to remain in force for a period of one year or till conclusion of the trial whichever is earlier. The respondent nos. 2 and 3 shall be at liberty to make an application for relaxation of the condition in the event of emergency to the learned Sessions Judge. 7) Criminal Application No.1991/2009 is allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran1991.09