1 Cri.Appln.No.5229/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5229/2010. (Junaji s/o Sambhaji Pawar Vs. The State of Mah.) in CRIMINAL APPLICATION NO.152 of 2008. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Ganesh P.Shine, Adv. for applicant; Mr.KM Suryawanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 10 th March, 2011. ... 1) Heard. 2) The accused/applicant Junaji applied this Court, vide – Criminal Application No.152/2008 for bail in terms of Section 439 of Cr.P.C. In Crime No.48/2007 registered at Mudkhed Police station for an offence under Section 302 and other provisions of IPC. 3) By order dated 20th February, 2008, the accused/applicant and others were directed to be released on bail. One of the conditions was, the accused/applicant and others shall not enter the village limits of Aamdura till the trial is over or till the next order passed by this Court. 4) The learned Counsel informs, the trial is stalled due to few of the suspects being in fetters in some other case and not regularly responding attendance. 5) Learned APP does not inform of any overt act by the accused/applicant after the above order. 6) My attention is invited by the learned Counsel to the fact that the accused/applicant was elected as a member of the Gram Panchayat, Aamdura on 25.10.2010 and by virtue of letter dated 2 Cri.Appln.No.5229/2010 4.11.2010, he was informed of election for the post of Sarpanch/Up-Sarpanch of said Gram Panchayat. 7) Taking these aspects into consideration and since there is no overt act committed by the applicant/accused, the condition, referred above, to the extent of the present applicant/accused deserves to be modified/relaxed. Consequently, the order dated 20th February, 2008, to the extent of imposing the condition is modified. The accused applicant to remain in village Aamdura, however, shall not indulge in any criminal activities or cause threats to the rival group, subject of Crime No.48/2007. The accused/applicant shall record his attendance to Mudkhed Police Station on every Sunday between 10.00 a.m. to 2.00 p.m., as was earlier directed. 8) The Criminal Application allowed with above modification/relaxation. (K.U.CHANDIWAL) JUDGE bdv/