1 19 cr appln.355.26 in cr. appeal 305.202.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (APPA) No.355/2026 In Criminal Appeal No.305/2024 (D) Shubham Laxminarayan Jaiswal /Vs/ State of Maharashtra and anr. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Parvez Mirza, Advocate for applicant/appellant. Mr.G.S.Umale, APP for non-applicant. CORAM : Y. G. KHOBRAGADE, J. DATED : 01/10/2026 1. Heard Mr.Parvez Mirza, learned counsel appearing for the applicant/accused and Mr. G.S.Umale, learned APP appearing for the non-applicant/State. Despite service, non-applicant no.2 failed to appear in the matter. 2. By the present application, the applicant has put forth the prayer clauses (a) and (ai), which read as follows: “a) Relax the bail condition, mentioned at serial No (iv) of the order dated 21/08/2024 restricting the Applicant from entering jurisdiction of Wardha district and thereby allowing him to enter and stay in Wardha District. a (i). Allow the present application and relax the bail condition, mentioned at serial no. (iv) of the order dated 21/08/2024 passed by the Hon'ble High Court of Bombay, bench at Nagpur (ANNEXURE-A) restricting the applicant from entering jurisdiction of Wardha District and thereby allowing him to enter and stay in Wardha District”. 3. The learned counsel appearing for the applicant/accused submits that, on 21.08.2024, this Court passed an order in Criminal Appeal No.305/2024 and enlarged the appellant/accused on bail in connection with Crime 2 19 cr appln.355.26 in cr. appeal 305.202.odt No.788/2022, registered with Police Station, Wardha City, for the offences punishable under Sections 302, 324, 201 read with Section 34 of the Indian Penal Code and Section 3(2) (va), 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, `the Act of 1989’), with condition no.(iv) that, “the appellant shall not enter into the jurisdiction Wardha District except for attending the proceeding before the trial Court, till culmination of the trial”. However, there is no progress in the trial, though the Charges were framed on 12.12.2022, and hence, there is no possibility to conclude the trial at the earliest. 4. The applicant has no source of income, due to which, he has an unsettled residence and is facing severe financial hardship. Further, the father of the applicant has been advised to undergo an eye operation and is also suffering from limb stiffness, due to which the applicant’s father is unable to walk properly. Therefore, it is necessary to modify the condition no.(iv) of bail order dated 21.08.2024 passed in Criminal Appeal No.305/2024. 5. It is further canvassed that, Ms. Mona w/o Shrinesh Jaiswal, the married sister of the applicant, is carrying a pregnancy and resides at Bhandara, Pauni, due to which she cannot frequently travel and is unable to take care of her parents as well as the parents of the applicant. 6. Per contra, the learned APP canvassed that, after the charge-sheet was filed, the learned Trial Court framed charges against the applicant for the offences punishable under Sections 302, 324, 301 read with Section 34 of the Indian Penal Code 3 19 cr appln.355.26 in cr. appeal 305.202.odt and Sections 3(2)(va), 3(2)(v) of the Act of 1989. On 21.08.2024, this Court passed an order in Criminal Appeal No.305/2024, and enlarged the appellant-accused on bail during the pendency of trial with a stringent condition that, the appellant shall not enter into the jurisdiction of Wardha District except attending the proceeding before the trial Court, till culmination of the trial. 7. Considering the gravity of offence as well as the fact that the witnesses are residing within the jurisdiction of Wardha district, and the applicant/accused is an influential person, if the condition no.(iv) of the order dated 21.08.2024 is modified, the possibility of tampering with the witnesses cannot be ruled out and, hence he prayed for rejection of the application. 8. Needless to say that, on perusal of record, it prima facie appears that, the applicant/accused along with two other accused was charge-sheeted in Crime No.788/2022 registered with Wardha City Police Station for offences punishable under Sections 302, 324, 201 read with Section 34 of IPC and Sections 3(2)(va), 3(2)(v) of the Act of 1989. 9. It is a matter of record that, on 12.12.2022, the learned Trial Court framed Charges against the present applicant along with other two associates of the applicant. However, till date, none of the witnesses have been examined. 10. Considering the nature of offence as well as the possibility of tampering and influencing the witnesses, on 21.08.2024, this Court passed an order in Criminal Application No.305/2024 and enlarged the applicant-accused on bail in 4 19 cr appln.355.26 in cr. appeal 305.202.odt connection with Crime No.788/2022 by imposing certain terms and conditions, including condition no.(iv) that, the appellant shall not enter into the jurisdiction of Wardha District except for attending the proceeding before the trial Court, till culmination of the trial. Therefore, though the applicant contended that, he has no source of income and is staying outside the Wardha jurisdiction, due to which he is facing hardship and that due to his old aged parents, he is unable to take care of them, the said grounds are not justifiable. I do not find any substance in the prayer to modify the condition no.(iv) of the bail order dated 21.08.2024 in Criminal Application No.305/2024. 11. Accordingly, the application stands disposed of. However, the applicant is at liberty to move an application for modification of the said condition, after material witnesses are examined. (Y.G.KHOBRAGADE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: Senior Pvt. Secretary Date: 05/10/2026 16:13:11