Bombay High Court
SACHIN LAHU CHAVANversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- SACHIN S DESHMUKH
Holding
The condition prohibiting the applicant from entering Poi Tanda village is relaxed.
Summary
The applicant, Sachin Lahu Chavan, filed an application under Section 483 of the BNSS seeking relaxation of a bail condition that barred him from entering the village of Poi Tanda until trial concluded. The original bail order dated 26‑03‑2024 imposed this restriction. Counsel argued that the applicant owns agricultural land in the prohibited village and is the sole breadwinner for his family, including young children, a wife and ailing parents, making the restriction unduly burdensome. The court examined the material on record and found that the applicant had made out a case for relaxation, noting that bail conditions impeding liberty may be eased when justice is served. Consequently, the court allowed the application, relaxing clause II(b) while leaving the remaining bail conditions unchanged.
Issues considered
- Whether the bail condition prohibiting the applicant from entering Poi Tanda village can be relaxed under Section 483 of the BNSS.
Legislation cited
- BNSS — s. 483
Subjects
- bail
- condition relaxation
- Section 483
- BNSS
- agricultural land
- family support
- Bombay High Court
Judgment
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
977 CRIMINAL APPLICATION NO. 3375 OF 2025
IN BA/40/2024
Sachin Lahu Chavan ….Applicant
VERSUS
The State of Maharashtra …..Respondent
Mr. S. J. Salunke, Advocate for Applicant.
Mr. P. P. Dawalkar, APP for the State.
CORAM : SACHIN S. DESHMUKH, J.
DATE : 28th JANUARY, 2026.
PER COURT :
1. Applicant has preferred this application under Section 483 of
BNSS seeking relaxation of condition imposed in the order dated
26.03.2024.
2. By order dated 26.03.2024, the Applicant was granted bail by
imposing certain conditions, specifically clause No. II(b), which reads
thus :-
“II.(b) The applicant shall not enter in village Poi Tanda,
Tq. Georai, Dist. Beed, till the conclusion of the trial.”
3. Learned Counsel for the Applicant submits that Applicant is
having agricultural land at village Poi Tanda. He is the sole bread
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earner of his family comprising his young children, wife and ailing
parents. It is further submitted that Applicant has the responsibility
to financially support his family. Hence, prayed to relax the
aforementioned condition.
4. Upon considering the material on record and the reasons
mentioned, this Court is satisfied that the applicant has made out a
case for relaxation of aforementioned condition in the order. It is well
settled that conditions which impede the Applicant's liberty may be
relaxed if the interest of justice is still served. As such, the
application deserves to be allowed. Hence, following order :-
ORDER
1. Application is allowed.
2. Clause No. II.[b] of the order dated 26.03.2024 is
hereby relaxed.
3. Rest of the conditions imposed in the original bail order
shall remain intact and unaltered.
(SACHIN S. DESHMUKH, J.)
dyb
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