1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2523 OF 2008 in CRIMINAL APPLICATION NO.2092/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. AB Gaikwad, Adv. For Applicants/accused; Mr.KM Suryawanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 4 th August, 2009. ... 1) Heard learned Counsel for the parties extensively. 2) Applicant/original complainant – Bhagubai is permitted to be added as respondent in the Criminal Application No.2092/2009. Application allowed as above. 3) The applicants/accused have urged to allow them to enter the village as the agricultural operations are held up and they are wandering since last sixteen months of the prosecution. Whatever has happened in the past is the past. The applicants/accused will reside peacefully in the village with glory which they have. Applicant no.1 – Nivrutti s/o Macchindra Barse is 2 Sarpanch. An affidavit is filed by villager that in his absence, the activities of village developmental reforms are stalled and the villagers are the sufferers. 4) That all said and done, it is certain that it was accused/applicant no.1 – Nivrutti, who was allegedly instrumental in respect of there being directions by this Court to refrain from humiliating, harassing the victim/original complainant, he allegedly defied the same and consequently, she was constrained to approach this Court seeking cancellation of their bail. This Court did not cancel the bail to the applicant/accused – Nivrutti, however, he was directed to attend Vaijapur Police Station daily and other applicants/accused were directed to attend the Police Station on Tuesday and Saturday. 5) Mr.Gaikwad repeatedly argued that the earlier order is sort of harassment to the applicants/accused and consequently, it needs modification. 6) The report of police indicate that the applicant/accused Nivrutti though is a Sarpanch, but is blessed with other prosecutions, running with different offences, his allegedly activities to harass the original complainant are not 3 restricted or injuncted and they are in force. In this scenario of the matter, the request for modification and relaxation of the conditions from not to enter the village till the trial is over, as sought, cannot be acceded to. However, certain other modifications as were indicated by Mr. Gaikwad can safely be made. Hence, order - 7) The application is partly allowed; 8) Applicant/accused – Nivrutti s/o Macchindra Barse instead of recording his attendance daily at Vaijapur Police station, shall attend Deogaon Rangari Police station daily. 9) The condition of attendance of police station imposed upon other applicants/accused, viz. Laxman s/o Baban Chalekar;Suryabhan s/o Jagannath Barse; and Sanjay s/o Datta Lambe to remain unaltered; 10)The applicants/accused shall coordinate to complete the trial within time specified as the matter is ripe for trial. 11)The Criminal Application No.2092/2009 is disposed of in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran2523.09