SURESH SHRIMANT BIRAJDAR v. THE STATE OF MAHARASHTRA AND ANOTHER
IA/267/2026 · 2026-07-10
Shri Mehroz Ashraf Khan Pathan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1987 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1987 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
14.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.267 OF 2026 IN CRIMINAL BAIL APPLICATION NO.206 OF 2024 Suresh Shriman Birajdar ...Applicant Versus The State of Maharashtra & Ors ...Respondents —————— Mr. Darshan Singh Rajpurohit i/b. Mr. Ritesh M. Thobde, Advocate for the Applicant. Dr. Ashwini Takalkar, APP for respondents-State. mr. Kumbhar, ASI Akkalkot South Police Station present. ——————
Coram : MEHROZ K. PATHAN, J., Date : JULY 10, 2026.
P. C. :
1. The applicant has approached this Court seeking relaxation of Condition No. (b) imposed while granting bail vide order dated 8th April
2024. The applicant had earlier approached this Court seeking relaxation of the condition of attending the Police Station once every week till the conclusion of the trial. This Court, vide order dated 30th April 2025, after taking into consideration the conduct of the applicant after grant of bail adn 1 of
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14.doc and compliance with the conditions imposed, was pleased to relax the condition of attending the Police Station from once every week to once every month.
2. The applicant has been attending the Police Station once every month regularly without any breach of the conditions imposed by this Court. The applicant has children to look after and is also dependent upon agriculture as his source of livelihood. The applicant further undertakes to abide by any condition that may be imposed by this Court.
3. The learned counsel for the applicant submits that though the learned Trial Court has framed the charge, not a single witness has been examined till date. The applicant has been on bail for almost two years and has not violated any of the conditions imposed upon him even once. There is no other criminal offence registered against the applicant after his release on bail, nor is there any report of the applicant having threatened any prosecution witness. It is, therefore, submitted that the condition imposed by this Court deserves to be further relaxed.
4. Per contra, the learned APP strongly opposed the present application on the ground that the applicant is alleged to have used a firearm while causing injuries to the complainant. It is submitted that, if the applicant is permitted to enter Taluka Akkalkot, there is every likelihood of disturbance to law and order in the locality and there is also adn 2 of
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14.doc a possibility of commission of a cognizable offence either by the applicant or by the complainant party. It is, therefore, submitted that the present application deserves to be rejected.
5. I have gone through the order dated 8th April 2024 as well as the
order dated 30th April 2025 relaxing Condition No. (d). The applicant is accused of having used a firearm in the offence registered against him, in connection with which he has been released on bail. It is not in dispute that a counter case has also been registered at the instance of the present applicant bearing F.I.R. No.339 of 2023 with Akkalkot South Police Station. The co-accused, who is the brother of the present applicant, has already been released on bail without any condition restraining him from entering the village. The applicant is not reported to have violated any of the conditions imposed while granting bail. The applicant has no criminal antecedents and has also expressed his willingness to abide by any condition that may be imposed by this Court.
6. The learned APP, upon instructions, submitted that the charges have already been framed and that not a single witness has been examined by the prosecution till date. There are several witnesses to be examined in both the counter cases and, therefore, the trial is likely to take its own time to conclude. In the facts and circumstances of the case, the condition imposed by this Court deserves to be further relaxed by adn 3 of
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14.doc imposing appropriate safeguards upon the applicant. Hence, the following order:
ORDER (A) Condition No. (b) imposed by the order dated 8th April 2024 passed in Criminal Bail Application No.206 of 2024 while granting bail to the applicant in connection with Crime No.338 of 2023 registered with Akkalkot South Police Station, District Solapur, is hereby further relaxed. (B) The applicant is permitted to enter Taluka Akkalkot, District Solapur. However, the applicant shall remain present before the learned Trial Court on all dates of hearing unless exempted by the Trial Court. (C) Instead of attending (Mangalwedha) Police Station once every week, as modified by order dated 30th April 2025, the applicant shall attend (Akkalkot) South Police Station on the 1st and 15th of every month, commencing from 1st August 2026, till the recording of the evidence of the complainant in Crime No.338 of 2023. The applicant shall report to the Police Station between 11.00 a.m. and 1.00 p.m.
7. The Interim Application stands disposed of in the aforesaid terms.
[MEHROZ K. PATHAN, J.] adn 4 of
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