Bombay High Court

NIVRUTTI RAJARAM PATIL AND ANRversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI

Holding

The condition restricting the applicants from entering the territorial jurisdiction of Chandgad Police Station is relaxed.

Summary

The applicants, two brothers, were granted bail on 16 October 2024 with a condition that they not enter the territorial jurisdiction of Chandgad Police Station during the trial. They sought relaxation of this restriction, citing the ill health of their mother and wife and the need to tend to their farm and harvest crops. The prosecution opposed, arguing that the trial was scheduled to record evidence of two remaining witnesses on 18 February 2026 and that allowing the applicants into the jurisdiction could enable witness intimidation. The court noted that the applicants are the only male members able to care for their family, that the trial is at its final stage with material witnesses already examined, and that no complaints had arisen during a prior four‑month relaxation. Consequently, the court relaxed the condition and disposed of the interim application.

Issues considered

Whether the bail condition prohibiting the applicants from entering the territorial jurisdiction of Chandgad Police Station can be relaxed on humanitarian and practical grounds.
Whether relaxing the condition would pose a risk of witness intimidation or interfere with the pending trial.

Subjects

bail
condition relaxation
witness intimidation
family hardship
agricultural work
criminal appellate jurisdiction

Judgment

19-ia-3720-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3720 OF 2025
IN
BAIL APPLICATION NO.3895 OF 2024
Nivrutti Rajaram Patil & Anr. …..Applicants
Vs.
The State of Maharashtra …..Respondent

Mr. Aditya S. Raktade with Mr. Sumit Vhanbatte, Mr. Sudhir Patil &
Ms. Swarangali Raktade, for the Applicants.
Mr. Nitin B. Patil, APP, for the Respondent-State.
Mr. Vishwas Patil, PI, Chandgad Police Station is present.

CORAM : MRS. VRUSHALI V. JOSHI, J.
DATED : 12th FEBRUARY 2026
P.C.:-

1. The Applicants have filed this application for relaxation of

condition which was imposed on them while granting bail vide order

dated 16th October 2024 i.e., not to enter the territorial jurisdiction

of Chandgad Police Station during the period of trial.

2. Both the Applicants are real brother. There is no one to take

care of their farm and health of their family members. The mother

and wife are ill and nobody is there to take care of them and to

harvest the agriculture produce. The Applicants seek permission to

enter the territorial jurisdiction of Chandgad Police Station.

Gaikwad RD 1/3
19-ia-3720-2025.doc

3. The counsel for Applicants has stated that earlier the

permission was granted for four months for agricultural work and

there was no any complaint against these Applicants during that

period. As the trial is at fag end and all the witnesses are already

examined prayed to relax the condition and allow the Applicants to

enter the territorial jurisdiction of Chandgad Police Station.

4. The learned APP opposed the application by stating that the

trial Court has fixed the date on 18th February 2026 for recording the

evidence of last two witnesses. If the condition is relaxed and

Applicants entered the territorial jurisdiction of Chandgad Police

Station, there is possibility of pressurizing the witness and hence

prayed to reject the application.

5. Heard learned counsel appearing for both the parties.

6. As the Applicants are real brothers, there is no male member in

the family to take care of their family members, who are ill and for

harvesting, the Applicants’ presence is required. As the trial is at the

fag end and material witnesses are already examined and during the

period when the condition was relaxed, there was no complaint

against these Applicants, the Application is allowed.

Gaikwad RD 2/3
19-ia-3720-2025.doc

7. The condition not to enter the territorial jurisdiction of

Chandgad Police Station imposed vide order dated 16th October 2024

is relaxed.

8. The Interim Application is accordingly disposed of.

(MRS. VRUSHALI V. JOSHI, J.)

Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.02.12
20:27:25
+0530

Gaikwad RD 3/3

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