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2021 DIGILAW 413 (SC)

BHASKAR v. STATE OF MAHARASHTRA

2021-05-04

INDIRA BANERJEE, K.M.JOSEPH, UDAY UMESH LALIT

body2021
ORDER : 1. Leave granted. 2. This appeal challenges the judgment and order dated 05-03-2021 passed by the High Court of Judicature at Bombay at Nagpur in CRLA(APPP) No. 370/2021 preferred by the present appellant seeking relaxation of condition in the order granting bail in Criminal Application (ABA) No.426 of 2020. 3. In connection with the crime registered pursuant to FIR No.172 of 2020 dated 25.07.2020 lodged with Police Station Dongaon, District Buldhana for the offences punishable under Section 307, 504 and 506 read with 34 IPC and under Section 25 (3) of the Arms Act, 1959, the appellant was initially granted interim protection in his application preferred under Section 438 of the Code of Criminal Procedure (“the Code” for short). 4. The appellant was however, directed not to enter the village Belgaon, Taluka Mehkar, District Buldhana during the pendency of the application and was also directed to report to Police Station Dongaon on every 1st and 4th Monday of the month. 5. By subsequent order, the matter was disposed of making the interim order dated 28.08.2020 absolute with only one modification to the effect that that the direction to attend the concerned Police Station was to operate only till the filing of the charge-sheet. 6. It may also be mentioned that in a separate application preferred under Section 482 of the Code, an interim order was passed by the Division Bench of the High Court on 18.09.2020 to the following effect: “In view of the lodgment of the counter first information reports, the investigating agency shall not take any coercive steps against the applicants. Though, the investigation may go on, charge-sheet shall not be filed without leave of this Court.” 7. As a result of the aforesaid order, though the investigation is complete, charge-sheet has not yet been filed in the Court. 8. The appellant thereafter preferred Criminal (APPP) No. 370/2021 seeking relaxation with regard to the restriction regarding entry into the aforesaid village. 9. This application was rejected by the High Court, which order is presently under challenge. It was observed that the direction issued by the Division Bench of the High Court that the charge-sheet would not be filed without the leave of the Court was at the instance of the appellant; and having got such relief, the appellant was not entitled to the relaxation in the condition as prayed for. 10. It was observed that the direction issued by the Division Bench of the High Court that the charge-sheet would not be filed without the leave of the Court was at the instance of the appellant; and having got such relief, the appellant was not entitled to the relaxation in the condition as prayed for. 10. While issuing notice in the instant appeal, statement of the learned counsel for the appellant was recorded that the appellant would have no objection if the portion quoted hereinabove was deleted from the order dated 18.09.2020 and the charge-sheet was allowed to be filed in Crime No.172/2020 registered with Police Station Dondgaon, District Buldhana, Maharashtra. 11. We have heard Mr. Ranjeetsingh V. Gahilot, learned counsel for the appellant and Mr. Rahul Chitnis, learned advocate for the State of Maharashtra. 12. Mr. Chitnis submits that the concerned affidavit having been filed on behalf of the appellant, there would not be any impediment in the filing of the charge-sheet and State of Maharashtra shall be entitled to take appropriate steps in the matter. 13. Since the investigation is complete, and the only impediment which was noted by the High Court being out of the way, in our view, the appellant is entitled to the relaxation as prayed for. 14. We, therefore, allow this appeal, set aside the order passed by the High Court and allow CRLA(APPP) No. 370/2021 preferred by the appellant in Criminal Application (ABA) No.426 of 2020. We also declare that the restraint put by the Division Bench of the High Court in its order dated 18.09.2020 shall cease to operate and the State shall be entitled to take appropriate steps in the matter and if the charge-sheet is filed by the State, the matter shall be taken to logical conclusion in accordance with law. 15. With the aforesaid directions, this appeal stands allowed.