hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 918 OF 2008 CRIMINAL APPLICATION NO. 918 OF 2008 CRIMINAL APPLICATION NO. 918 OF 2008 Liladhar Mahadeo Shirke and Ors. ....Applicants Versus The State of Maharashtra ... Respondents WITH WITH WITH CRIMINAL APPLICATION NO.919 OF 2008 CRIMINAL APPLICATION NO.919 OF 2008 CRIMINAL APPLICATION NO.919 OF 2008 WITH WITH WITH CRIMINAL APPLICATION NO. 920 OF 2008 CRIMINAL APPLICATION NO. 920 OF 2008 CRIMINAL APPLICATION NO. 920 OF 2008 Mr.Ganesh Gole for the Applicants. Mrs.M.M. Deshmukh, A.P.P. for State. CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. DATED: OCTOBER 08, 2008 DATED: OCTOBER 08, 2008 DATED: OCTOBER 08, 2008 P.C. P.C. P.C. . These are the applicants by three applicants who have preferred an appeal before this court. They have been convicted for the offences punishable under Section 302 of the I.P.C. This court was pleased at the time of admission of the appeal to grant bail however, subject to a condition that they would not enter Raigad district without prior permission of the court. . It is contended on behalf of the applicants that subsequent to the order of this court, some of the accused had applied for relaxation of this condition and this court by order dated 5.10.2007 relaxed the said condition with a direction that they will not disturb the peace and law and order in the district. . The learned A.P.P. opposes the grant of the application for modification of the earlier order granting bail to the accused.An affidavit has been field by Mr.Devidas, Police Sub Inspector.Reliance is placed on statements recorded of witnesses which include the family members of the victims and villagers that the accused persons if released on bail, are giving threats to the witnesses and complainant and trying to create terror in their minds. This statements have not been made available to the accused persons as the witnesses apprehend that if the statements are made available to them, their life will be in jeopardy. . At the time this court granted bail with a direction that the applicants shall not enter Raigad district without permission of the court, presupposes that this court was of the view that their presence in the village would not be conducive.In our opinion, considering the statements recorded of the witnesses, nothing is changed. The witnesses and the complainants are entitled to live in the area without fear or threats to the lives of themselves or their relatives. . In our opinion, therefore, considering the circumstances, no case made out warranting modification of our earlier order granting conditional bail. Hence, applications stand rejected. (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.)