1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4524 OF 2009 The State of Maharashtra Through Police Inspector, Shani Peth Police Station, Jalgaon APPLICANT (Original Non applicant in Cri.Appl.No. 2786/2009) VERSUS Dr.Uttam S/o.Dhanaji Mahajan, Age-55 years, Occu-Service, Working as Principal, Ayurvedic College, Chalisgaon, R/o.Shivkrupa, Plot No.1, Dhule Chalisgaon Road, Chalisgaon, Dist. Jalgaon RESPONDENT Mr.N.B.Patil, learned APP for applicant. (CORAM : A.V.POTDAR, J.) DATE : 04/01/2010 PER COURT : 1. By the present application, State had approached this Court for relaxation of condition no.2 to the extent of Manoj Prabhakar Lohar to enter in the limits of Jalgaon District during the period of investigation for the purpose of recording his evidence in Sessions Case No.54/2005 only. 2 2. Heard learned APP Shri.N.B.Patil, appearing for the State applicant. 3. During the course of submissions, my attention is drawn towards the order passed by this Court in Cri.Appl.No.2786/09 vide judgment and order dated 05/09/2009 by his Lordship Shri.V.R.Kingaonkar. Those applications were moved by Manoj Prabhakar Lohar as well as one Dhiraj Yashwant Yeole. Those applications were filed u/s. 438 of Cr.P.C. for anticipatory bail, wherein this applicants was arrayed as an accused in connection with the complaint lodged by one Uttam Dhanaji Mahajan. It is pertinent to note that this condition was imposed by this Court while deciding those anticipatory bail applications wherein Manoj Lohar was shown as an accused. 4. If the application is moved by applicant accused for his release on anticipatory bail, which application is opposed by the State and after hearing the application on merit, if the application is decided by this Court in which certain conditions were imposed, then it is for that applicant accused to move this Court for relaxation of condition and it is none of the business of State to move this Court for relaxation of condition imposed on the applicant accused by reasoned order. This clearly indicates that at one side, the State is opposing the application moved by this very Manoj Lohar and on the other hand, the State is moving this application before this Court for relaxation of condition in favour of same accused. It goes to show 3 that the prosecution agency is hand in gloves with this Manoj Lohar. Apart from it, under the manual as well as the provisions of Criminal Law, it is none of the business of State/prosecution to apply for relaxation of condition imposed by this Court on the accused. Considering this aspect, the application itself is not maintainable, hence to be rejected. 5. As this Court has observed that the prosecution agency moved an application for relaxation of condition imposed by this Court on the applicant accused while deciding the anticipatory bail application of the applicant, without considering the legal provisions in which the application to be moved before this Court for relaxation of conditions, the prosecution has moved this application. Hence copy of this order be sent to The Director of Prosecution for necessary action as well as the decision to be taken against the concerned prosecution agency. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4524-09