1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3963 OF 2009 IN CRIMINAL APPLICATION NO.3113 OF 2009. 1) Nana Shankar Harkal and others. - APPLICANTS (ORIG.PETITIONERS) VERSUS The State of Maharashtra - RESPONDENT ***** Mr.PB Kakade, Advocate for Applicants; Mrs.AV Gondhalekar,APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 26th November, 2009. PER COURT : 1) Heard Mr. Kakade, learned Counsel for the applicants and Mrs. Gondhalekar, learned APP for the State. 2) The learned APP has tendered report dated 26.11.2009 from the Investigating Officer of Crime No.I-86/2009 from Phulambri Police Station. 2 3) The accused/applicants are family members. Accused no.1 – Nana s/o Shankar Harkal is Police Constable while Sainath and Amol are his sons and Ratnamala is his wife. It is canvassed, due to prohibitory orders dated 16th September, 2009, inhibiting visiting village Jategaon has caused immense loss due to non following agricultural pursuits. 4) Since after the order dated 16th September, 2009, the State has not noticed any untoward incident against the accused/applicants, nor they have committed any breach of the terms and as learned APP has informed, investigation is complete, charge sheet is to be filed within few days, it will not be out of place to allow the applicants – Sainath s/o Nana Harkal; Amol s/o Nana Harkal; and Ratnamala w/o Nana Harkal to enter village Jategaon. However, such permission cannot be given to applicant no.1 – Nana s/o Shankar Harkal. Hence, order. 5) The Criminal Application is partly allowed. The condition No.2 in the order dated 16th September, 2009 passed in Criminal Application No. 3113 of 2009 is relaxed to the extent of applicants - Sainath s/o Nana Harkal; Amol s/o Nana Harkal; and Ratnamala w/o Nana Harkal in Crime No.I-86/2009. Needless to add, 3 the accused/applicants shall not create any terror in the locality and shall not invite any problem of law and order. 6) Criminal Application No.3963/2009 is allowed in aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/cran3963.09