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2024 Supreme(Online)(Bom) 848

BOMBAY HIGH COURT
SANJAY A. DESHMUKH, J
RAJARAM DHONDIBA SHENDGE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


Advocates:
Mr. Prashant Prabhakar Giri, Mr. Mukesh K. Goyanka

ORAL JUDGMENT:

1 Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2 The petitioner has challenged an order dated 7th August, 2023 passed below Exhibit-101 in R.C.C. No.22 of 2022 by the learned Judicial Magistrate First Class (Court No.1), Omerga, District Osmanabad. It was an application for relaxation of condition Nos.6 to 9 imposed upon the petitioner at the time of granting bail to him, which read as under:-

“6] The accused shall attend concerned police station once in a month i.e. on every first Monday till completion of the trial.

7] The accused shall attend the trial court on every second and fourth Monday till conclusion of trial beside the regular attendance at the time of evidence recording, framing of charge, thought out the trial.

8] The accused shall not change his residential address or leave the place without prior written permission of the trial court.

9] No exemption granted to accused until trial over.”

3 The learned counsel for petitioner submitted that in paragraph 8 of the impugned order, the learned Trial Court has observed that, that any condition imposed by magistrate while releasing any accused on bail cannot be modified.

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