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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

Criminal Application (APPP) No. 849 of 2022

in

Criminal Application (BA) No. 884 of 2019

Shoiabulla Khan Azharulla Khan Patel

Versus

The State of Maharashtra, through Police Station Officer, Police Station

Akot Rural, Akot Tahsil and District Akola

Office Notes, Office Memoranda of

Court's or Judge's Order

Coram, appearances, Court's Orders

or directions and Registrar's order

Shri A.S.Manohar, Advocate for the applicant.

Shri T.A. Mirza, APP for the State / Non-applicant

CORAM : ANIL S. KILOR, J.

DATED : 21^st JUNE, 2022.

This is an application for relaxation of

condition imposed by this Court while granting bail to

the applicant that he shall not enter territorial

jurisdiction of village Mohala till culmination of the

trial.

2.

Shri Manohar, learned counsel for the

applicant submits that while granting bail to three

accused persons no such conditions was imposed

whereas in the case of other three accused persons

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including the applicant the condition not to enter into

the teritorial jurisdiction of village Mohala was imposed.

3.

However, subsequently on request of other

two accused persons, such condition was relaxed by this

Court vide order dated 8^th January, 2021 passed in Misc.

Criminal Application No. 1458 of 2020 in Criminal

Application (BA) No. 896 of 2019 and vide order dated

17^th December, 2021 passed in Criminal Application

(APL) No. 1195 of 2021. He thus, submits that as far as

five other accused persons are concerned, there is no

such condition namely not to enter into the territorial

jurisdiction of village Mohada.

4.

It is submitted that the mother of the

applicant is residing in village Mohada and she is not

keeping well and relaxation of the said condition is

necessary for the purpose to look after her. Accordingly,

he prays for relaxation of condition.

5.

Learned Additional Public Prosecutor

strongly opposed the application and submits that earlier

similar application was moved before this Court and it

was rejected by this Court vide order dated 15^th

February, 2021 and he therefore submits that there is no

change in circumstance and accordingly present

application is not maintainable.

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6.

In reply, learned counsel for the applicant

submits that order passed by this Court dated 17^th

December, 2021 in Criminal Application No.1195 of

2021 allowing the application of Rahematullah Khan is

subsequent to rejection of application of the applicant as

such there is change of circumstance, therefore this

application is maintainable.

7.

I have perused the application and the order

annexed alongwith the application granting bail to the

applicant with condition not to enter territorial

jurisdiction of village Mohada, the other order granting

relaxation of such condition in respect of two other

accused persons and rejection the application of the

applicant for similar request.

8.

The record shows that subsequent to the

rejection of the application of the applicant for

relaxation of condition, this Court vide order dated 17^th

December, 2021 allowed the application filed by

Rahematullah Khan for relaxation of condition. Thus,

the record shows that except the present applicant, such

condition is not there for the other accused persons.

Moreover, the order of this Court vide order dated 17^th

December, 2021 is subsequent to the rejection of the

application of the application for relaxation of condition.

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Thus, I am of the opinion that there is change in

circumstances.

9.

Considering the fact that this Court has

already relaxed similar condition in respect of two

accused persons, I am of the opinion that present

application needs to be allowed. Accordingly, the

application is allowed.

10.

The condition