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2025 DAILYLAW 24407 (BOM)

NILESH BHAUSAHEB SATPUTE v. RAJENDRA MOHAN PATHARE AND ANOTHER

APPLN/2804/2025 · 2025-10-17

Shri Sanjay A Deshmukh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

cran2177.25 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal application No. 2177 of 2025 In Bail application No. 5 of 2025 Rajendra Mohan Pathare ...Applicant Versus The State of Maharashtra ...Respondent ….. Mr. D.S. Ingole, advocate for the applicant Mr. K.K. Naik, A.P.P. for respondent State Mr. N.B. Narwade, advocate to assist the A.P.P. ….. With Criminal application No. 2804 of 2025 In Criminal application No 2177 of 2025 In Bail application No. 5 of 2025 Nilesh Bhausaheb Satpute ...Applicant Versus Rajendra Mohan Pathare and another ...Respondents ….. Mr. N.B. Narwade, advocate for the applicant Mr. D.S. Ingole, advocate for respondent No.1 Mr. K.K. Naik, A.P.P. for respondent No.2. ….. CORAM : SANJAY A. DESHMUKH, J. DATE OF RESERVING THE ORDER : 09.10.2025 DATE OF PRONOUNCING ORDER : 17.10.2025 O R D E R :- 1. Heard. Criminal application No. 2804 of 2025 is filed seeking 2025:BHC-AUG:29705 cran2177.25 -2- permission to assist the learned A.P.P. during the course of hearing of criminal application No. 2177 of 2025. For the reasons stated in the said application, the same is allowed and disposed of. 2. Criminal application No. 2177 of 2025 is filed for relaxation of conditions imposed by this Court while granting bail to the applicant. 3. Learned advocate for the applicant pointed out the order dated 6.3.2025 passed by this Court in Bail application No. 5 of 2025 by which the applicant was released on bail on condition that he shall not enter into village Kedgaon till conclusion of trial. 4. The learned advocate for the applicant submitted that the applicant has no criminal antecedents. Although more than six months have passed, the trial is not progressing. The applicant also needs to take care of his agricultural land and is suffering from chest pain. It is therefore prayed that the condition imposed by this Court by order dated 06.03.2025 be relaxed. 5. The learned A.P.P. for the State, assisted by learned advocate Mr. Narwade, strongly opposed the application and submitted that the applicant is involved in a serious crime. If the condition is relaxed, the applicant will certainly take advantage of it by pressurizing cran2177.25 -3- prosecution witnesses and tampering with the evidence. The learned A.P.P. therefore prayed for rejection of the application. 6. Perused the order passed by this Court dated 06.03.2025 in Bail Application No. 5 of 2025, by which a condition was imposed that the applicant shall not enter int village Kedgaon till the conclusion of the trial. It appears that, by order dated 05.05.2025 passed by this Court in Criminal Application No. 1698 of 2025, the applicant was permitted to attend the death anniversary of his uncle on 16.05.2025. During that period, he did not commit any overt act. The applicant is also suffering from chest pain. Considering all these aspects, the application deserves to be allowed by relaxing the said condition. Hence, the following order:- O R D E R Criminal application No. 2177 of 2025 is allowed in terms of prayer clause “B” and disposed of. (SANJAY A. DESHMUKH, J.) rlj/