1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Writ petition NO. 1032/2009 Rizwan s/o Abdul Razzak Manyar and another ...Petitioner versus The State of Maharashtra. ..Respondent. Shri C.R. Deshpande, Advocate for petitioners. Shri B.V. Wagh, A.P.P. for Respondent / State. CORAM : P.R. BORKAR, J. Date : 25/11/2009 Per Court :- 1. Heard Shri C.R. Deshpande learned advocate for the petitioners. 2. Admit. 3. Rule. Rule made returnable forthwith. With consent of learned advocate for petitioners and learned A.P.P. for State, the petition is heard for final disposal. 4. This is application for cancelling the condition of bail imposed by Additional Sessions Judge, Nandurbar while deciding Cri. Bail application No. 99/2009 in Crime No. 143/2009 of Nandurbar City police station. By the said 2 order dated 01-10-2009, the Additional Sessions Judge imposed two conditions on the accused persons / petitioners that (1) they shall attend Nandurbar City police station once in a week (2) that they shall stay away from area of Nandurbar City police station till filing of the charge sheet. 5. Heard Shri C.R. Deshpande learned advocate for the petitioners and Shri B.V. Wagh, A.P.P. for respondent / State. It is submitted by Shri C.R. Deshpande, Advocate that the petitioner no. 1 is student of first year B. Sc. studying in college at Akkalkuwa. Petitioner no. 2 is earning member of the family and he runs a business of selling bangles in Mangal Bazar, Nandurbar and because of condition to stay away from Nandurbar City police station area, he is unable to carry out his business of selling bangles. The copy of bail application and order passed thereon is produced at Ex. B with petition. It indicates that the offence for which crime was registered were punishable u/s 147, 148, 326, 323, 504, 506 r/w sec. 149 of I.P.C.. As per the order of the Additional Sessions Judge, the informant is Head Master and his daughter Heena was in love with accused no. 4 Sk. Razak and she was giving him chits. The informant wanted to perform marriage of his nephew Juber and daughter Heena which was scheduled on 27/09/2009. On 25-09-2009 at 10.00 a. m. Heena passed some love letters to accused no. 4 Sk. Razak. The 3 informant stated that, his daughter refused to marry. But he himself was against the love marriage and the daughter was willing. It is alleged that, 12 accused persons assaulted the informant and his relatives with iron bar, sticks etc.. Four persons were injured. 6. The learned Additional Sessions Judge observed in his order dated 01-10-2009 that iron bar and sticks were used. Even the injury was grievous injury. All four persons had sustained simple injuries. There was no sharp edged weapon used. The marriage was also performed smoothly and so he was inclined to allow the application for bail. In my considered opinion when the bread and butter of petitioner no.2 is dependent on bangle business which he is carrying on in Mangal Bazar, it would not be right to keep him away from Nandurbar City police station area. He must be allowed to carry on his business. Since the conditions are to continue until filing of the charge sheet, in my opinion, condition may also continue so far as petitioner no.1 is concerned. He would not affect from condition to keep away from Nandurbar. 7. In the above circumstances, the petition is partly allowed. 8. The conditions imposed on petitioner no.2 Abdul Razak Abdul Munaf Manyar that he shall stay from Nandurbar City police station area is hereby vacated. 4 9. Rule made absolute. Order is modified to above extent only. Petition stands disposed of. 10. At this stage, Shri C.R. Deshpande advocate states that, he may be given liberty to move this court again if charge sheet is not filed within two months from today. Liberty to move this court is granted. [P.R. BORKAR, J.] tsk/criwp1032.09