1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3049 OF 2009 Shankar s/o late Dhondabaji Deshmukh & ors. v. State of Maharashtra ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. Abdul Bashir Advocate for the Applicants. Mr. Shyam Ahirkar, A.P.P., for the Respdt. ..... CORAM: A.B.CHAUDHARI, J. DATED : 04 th SEPTEMBER, 2009. Heard Mr. Abdul Bashir learned counsel for the applicants and Mr.Ahirkar, learned APP for the respondent. 2. After hearing Mr.Bashir for some time, he prayed for withdrawal of the application. Prayer for withdrawal is rejected for the following reasons. 3. Cri. Appln. No. 423/09 was disposed of by me looking to the rivalry in the village due to which a brutal murder was committed by several other accused persons. The accused persons were fortunate enough to get the bail from the trial Court and thus they are at large now. Looking to the village rivalry having political colour, the trial Court had rejected the application for 2 relaxation of the condition, namely that the accused persons shall reside outside the village and shall not enter the village. I have confirmed the said order of the trial court by my order dated 3.2.2009. The applicants have now moved the present application for relaxation of the said condition. If the condition is relaxed all the accused persons will be entitled to enter the village. In my opinion, that would be most dangerous and cannot be allowed. The prayer for withdrawal is rejected because there is likelihood of applicants again applying for relaxation and this has to be curbed and that is why I am not permitting the applicants to withdraw the application. Thus, on merit I find that this is not fit case for relaxation of condition on any ground. Learned counsel for the applicants states that for some scientific tests the samples have been sent to the Laboratory at Hyderabad. The trial Judge is directed to issue reminders to the said Laboratory at Hyderabad to expedite submission of report. The trial Court may also expedite the trial depending upon completion of record. For all these reasons, I do not find any merit in the present application and the same is dismissed. JUDGE /TA/ 3