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2026 DAILYLAW 17751 (BOM)

ADV. GHANSHYAM RAJENDRA DHOLE v. STATE OF MAHARASHTRA THR PSO., PS MALKAPUR RURAL DIST. BULDHANA AND ORS

APPP/3318/2026 · 2026-10-09

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 901-Cr.APPP-3318-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [APPP] NO. 3318 OF 2026 IN CRIMINAL APPLICATION [A.B.A.] NO. 813 OF 2026 Adv. Ghanshyam Rajendra Dhole -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Ms. Aparna Pethkar, Advocate for the Applicant. Mr. A.B. Badar, A.P.P. for the Non-applicant No.1/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 09, 2026. CRIMINAL APPLICATION [APPP] NO. 3318 OF 2026: Heard. 2. The present application is filed by the applicant to keep condition No.(ii) of the order dated 08/10/2026 in abeyance / suspend the same. The applicant has also challenged the said condition of order dated 08/10/2026 before the Supreme Court by filing SLP vide Diary No.63502/2026. 3. The learned counsel for the applicant apprehends that if he enters into Malkapur City there is a threat to his life, and therefore, the learned counsel submits that, till the decision of the Supreme Piyush Mahajan 2026:BHC-NAG:13543 2 901-Cr.APPP-3318-2026 Court or for 1 month, the said condition be kept in abeyance or be suspended. 4. On the other hand, the learned A.P.P. strongly opposes the application on the ground that yesterday, i.e., on 08/10/2026, when the order was dictated in the open court, this Court had already enquired of the fact as to where the offence is registered and the Investigating Officer is posted. This Court had not asked the applicant to attend Malkapur (Rural) Police Station but directed him to instead attend the Malkapur City Police Station. Under such circumstances, he submits that, the apprehension of the applicant is unnecessary and cannot be considered, and therefore, he prayed to reject the application. 5. Upon consideration of submissions of both the sides, it is necessary to mention at this juncture that yesterday the order was dictated in the open Court after hearing the parties specifically in the presence of counsel for the applicant and even the applicant was present in person. Considering the application for relaxation of the condition of attending the Police Station, Malkapur (Rural), this Court had considered his apprehension, and accordingly, directed the applicant to attend another Police Station, i.e., Malkapur City Police Station. Not Piyush Mahajan 3 901-Cr.APPP-3318-2026 only that, this Court had taken every care by asking the Investigating Officer that he may inquire with the applicant at the Malkapur City Police Station at the time of his attending Police Station. Still the applicant is seeking abeyance of condition No.(ii) of the order dated 08/10/2026. The applicant cannot ask the Court to impose conditions as per his whims and wishes and as per his convenience. Therefore, in my opinion, no case is made out to keep the said condition in abeyance. Hence, the Criminal Application [APPP] No.3318/2026 is rejected. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 09/10/2026 17:36:00