1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3493 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.KC Sant, Adv. For Applicant; Mr.AB Gatne, Adv. For Respondent No.1; Mr.PM Shinde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 4 th August, 2009. ... 1) Heard learned Counsel for the parties extensively. 2) The bail granted in favour of Respondent No.1 – Sanjay s/o Jaisingh Veer by learned Additional Sessions Judge, Ahmednagar, vide Criminal Misc. Application No. 538/2008 in Crime No. I-141/2008, is subject of challenge at the behest of original complainant. 3) The request made by the applicant/original complainant is on two counts, firstly, there is breach of terms of the order, as in spite of there being inhibition to visit the village Shrigonda, Respondent no.1/accused is regularly visiting, causing threats and secondly, even has indulged in another offence for which he has been 2 prosecuted, vide Crime No.288/2008 registered at Shrigonda Police Station for the offence under sections 143, 147, 436, 427, 337 of IPC and under Sections 3(1)(x) of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4) Though the conduct of the accused/respondent no.1 and others needs to be deprecated by reading past events, however, without adverting to those complaints, subsequent events, due protection and safety of the applicant/complainant can be achieved, if the change of abode with restriction, is imposed upon respondent no.1/accused. It is a matter of record that, the incident is dated 22nd May, 2008 and since at least 19th June, 2008, the accused is on bail. 5) Since the complainant has a grievance, as stated above, and the matter is not taken up in the near future before the Additional Sessions Judge, at Ahmednagar, care to the extent of apprehension of torture and threats nursed by the original complainant and her family members, can be taken by directing the respondent no.1/accused not to live in Ahmednagar district till at least completion of the trial. It follows, even if such change of district 3 and abode is made and the respondent no. 1/accused continues his obliteration and violation of the terms and restrictions imposed, he is bound to face the consequences. The accused/respondent no.1 shall not create atmosphere of terror nor ignite violence in the village and to the family of the deceased. Hence, order. 6) No interference in the order dated 19th June, 2008 in Criminal Misc. Application No. 538/2008 in Crime No.I-141/2008 to the extent of grant of bail. However, the terms imposed by the learned Judge, not to enter within the jurisdiction of Shrigonda taluka till the end of August, 2008 or till filing of the charge sheet whichever is earlier, is now modified as under - 7) The applicant/accused (respondent no.1 herein) shall not enter jurisdiction of Ahmednagar district till completion of the trial. He will remain at Aurangabad city, will furnish his changed address to the Investigator with contact number, if any. The accused/respondent shall attend Kranti Chowk Police Station, Aurangabad during his stay at Aurangabad on last Sunday of every month between 10.00 a.m. To 5.00 p.m. 8) The respondent no.1 – Sanjay s/o Jaisingh Veer shall attend the Court 4 proceedings at Ahmednagar and Shrigonda, for which he shall have relaxation in the terms in respect of Criminal case arising out of Crime No.288/2008 9) The application partly allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran3493.08