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2026 DAILYLAW 17755 (BOM)

TARENDRA S/O. MANOHAR BORKAR (IN JAIL) v. THE STATE OF MAHARASHTRA THR. POLICE STATION OFFICER POLICE STATION NANDANVAN NAGPUR

APPA/799/2026 · 2026-10-12

Criminal Appealbody2026

Judgment text

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1 Cri.Appeal 275.2017 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 799 OF 2026 IN CRIMINAL APPEAL NO. 275 OF 2017 Tarendra s/o Manohar Borkar ..VS.. The State of Maharashtra through P.S.O., Police Station Nandanvan, Nagpur ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Aniket Rangari, Advocate for applicant/appellant. Mr. N.H. Joshi, A.P.P. for respondent/State. CORAM : M.W. CHANDWANI, J. DATED : OCTOBER 12, 2026 1. Not on board. At the request of the learned counsel for the applicant/appellant, taken on board. 2. The present application is filed by the applicant for relaxation and modification of the condition imposed by this Court vide order dated 10th October, 2017 in Criminal Application (APPA) No.851/2017 while suspending the sentence. 3. Needless to mention here that the applicant is convicted for the offence punishable under Section 5(j)(ii), (l), (n) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and similar offence punishable under Section 376(2)(f), (i), (n) of the Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.5000/-, in default of fine to suffer rigorous imprisonment for five months. 2026:BHC-NAG:13646 2 Cri.Appeal 275.2017 4. It appears from the order dated 13th October, 2017 that learned counsel for the applicant, on instructions of the applicant, had undertaken that the applicant shall reside at Armori in the house of his uncle. Though, there is no specific condition asking the applicant not to enter Nagpur City, particularly the Nandanvan area at Nagpur, where the victim is residing, but the learned counsel for the applicant submits that since he had already given an undertaking that he will reside at Armori therefore, he has filed this application for relaxation of condition on account of the death of his father. 5. The father of the applicant died yesterday i.e. on 11.10.2026 and the funeral is fixed today. Therefore, the applicant seeks permission to visit the funeral which may happen at Nandanvan, Nagpur. 6. Since, the father of the applicant has passed away, to perform his last rites, presence of the applicant is necessary. Therefore, the applicant may visit Nandanvan area at Nagpur city for a period of 20 days starting today. 7. The application is allowed and disposed of. 8. Authenticated copy of order be supplied to the applicant. (M.W. CHANDWANI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 12/10/2026 18:53:17