Judgment 1 J-APL No.1725.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 1725 OF 2026 Gajanan S/o Tukaram Tekade, Aged 42 years, Occ. Veterinary Doctor, R/o. Dabhadi, Tq. Motala, District Buldhana. …. APPLICANT // VERSUS // State of Maharashtra, Through Police Station Officer, Police Station, Borakhadi, District – Buldhana. …. NON-APPLICANT _____________________________________________________________ Mr. H. M. Mohta, Advocate for applicant. Mr. A. G. Mate, Additional Public Prosecutor for non-applicant. _____________________________________________________________ CORAM : M.W. CHANDWANI, J. DATED : SEPTEMBER 04, 2026 ORAL JUDGMENT : 1. Admit. Heard finally by consent of the learned counsel appearing for the parties. 2. The petitioner seeks quashing of the order dated 16.01.2026, passed by learned Additional Sessions Judge, Malkapur, District Buldhana below Exh.01 in Criminal Misc. Application No.76/2025, thereby rejecting the application for relaxation of condition imposed in the bail order dated 25.07.2025. 3. The applicant is being prosecuted for the offences punishable under Sections 103(1), 49, 238 of the Bhartiya Nyaya 2026:BHC-NAG:11767 Judgment 2 J-APL No.1725.2026.odt Sanhita, 2023 on the allegations that he has committed murder of his wife by strangulating her by pressing her nose and mouth after administering tablets to her. Upon completion of investigation, the chargesheet came to be filed. The applicant was released on bail by learned Additional Sessions Judge, Malkapur by order dated 25.07.2025, passed in Cri. Bail Application No.136/2025, wherein one of the conditions imposed upon him was that he shall not enter the jurisdiction of Police Station, Borakhedi till disposal of the sessions trial. 4. The applicant filed an application bearing Criminal Misc. Application No.76/2025 for relaxation of the condition directing the applicant not to enter the jurisdiction of Police Station, Borakhedi on the premise that he has agricultural land at village Dabhadi in the jurisdiction of Police Station, Borakhedi and he is the sole earning member of his family. The livelihood of his family depends upon cultivation of the agricultural land. He further submitted that there is no material witness residing at village Dabhadi. The said application came to be rejected by the learned Additional Sessions Judge, Malkapur vide order dated 16.01.2026. 5. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the State. Judgment 3 J-APL No.1725.2026.odt 6. Perusal of the impugned order reveals that learned Additional Sessions Judge, Malkapur rejected the said application on the ground that the agricultural land can be cultivated by his employees or labourers. The main objection of the learned APP is that the applicant may threaten the witnesses who are residing in the jurisdiction of Police Station, Borakhedi. 7. Perusal of the chargesheet reveals that the material witnesses are residing at village Pimpri Gawali and Dabhadi, whereas the applicant is residing at village Dabhadi. It is contended on behalf of learned counsel for the applicant that the field of the applicant is beyond the limits of village Dabhadi. It is further contended that in the bail order, learned Additional Sessions Judge has already directed the applicant that he shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer and therefore, the applicant can be allowed to use his agricultural land. 8. Considering the submission that the land of the applicant is beyond the limits of village Dabhadi and the applicant needs to use his land for cultivation purpose, I find substance in the argument of Judgment 4 J-APL No.1725.2026.odt the learned counsel for the applicant that condition No.[2] (A) can be modified. 9. Accordingly, I proceed to pass the following order : (i) The criminal application is partly allowed. (ii) The order dated 16.01.2026, passed by learned Additional Sessions Judge, Malkapur, District Buldhana below Exh.01 in Criminal Misc. Application No.76/2025 is hereby quashed and set aside. (iii) Condition No.[2] (A) passed in the order dated 25.07.2025 by learned Additional Sessions Judge, Malkapur in Cri. Bail Application No.136/2025 is modified as under : “The applicant shall not enter village Dabhadi and Pimpri Gawali till the witnesses are examined in the Sessions trial without the permission of this Court.” Needless to mention here that breach of any condition will entail the police officer to apply for cancellation of bail granted to the applicant. 10. With this, the criminal application stands disposed of. (M.W. CHANDWANI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 07/09/2026 11:23:45