SURESH SHRIMANT BIRAJDARversusTHE STATE OF MAHARASHTRA AND ANOTHER

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            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




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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


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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


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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.]




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