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Bombay High Court

GANESH SURESH KHARATversusState ofMaharashtra

Decided
Disposal
Disposed Off

Holding

The court partially allowed the interim application, modifying condition (d) to require reporting to Baramati Police Station while leaving condition (b) unchanged.

Summary

The applicant, Ganesh Suresh Kharat, filed an interim application seeking modification of two bail conditions imposed in the bail order dated 02.12.2024. Condition (b) barred him from entering Pune district except to report to the investigating officer or attend trial. He argued that he has relatives in Pune and wishes to visit them. The court rejected the request to relax condition (b) due to the seriousness of the offence, but indicated that he may apply to the trial court for temporary permission on specific occasions. Regarding condition (d), which required him to report to Phaltan City Police Station, he requested reporting to the nearer Baramati Police Station. The court accepted this request and modified condition (d) accordingly. The order is to be read together with the original bail order. The interim application was partially allowed and disposed.

Issues considered

  • Whether the bail condition restricting the accused from entering Pune district can be modified.
  • Whether the bail condition requiring reporting to Phaltan City Police Station can be changed to Baramati Police Station.

Subjects

  • bail
  • interim application
  • modification of bail conditions
  • restriction on movement
  • reporting police station
  • criminal procedure

Judgment

                                                                            37.IA.3829.2025.odt


Sufiyan Syed – PA


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                              INTERIM APPLICATION NO. 3829 OF 2025
                                               IN
                                BAIL APPLICATION NO. 4337 OF 2024

               Ganesh Suresh Kharat                                    .. Applicant
                          Versus
               State of Maharashtra                                    .. Respondent
                                             .................…

                Adv. Shubha Shirsath i/b. Adv. Bhushan Raut, Advocate for
                 Applicant.
                Ms. Anuja Gotad, APP for the Respondent – State.
                PSI, Abhijeet Payghan, Hadapsar Police Station, Pune.
                                             ................…


                                            CORAM : MILIND N. JADHAV, J.
                                            DATE         : AUGUST 19, 2026
               P. C.:

               1.       Heard Ms. Shirsath, learned Advocate for Applicant and Ms.

               Gotad, learned APP for Respondent – State.


               2.       I have heard Interim Application.          The Applicant seeks

               modification of bail conditions (b) and (d) appended at Page Nos.18

               and 19 of the Application.      Bail condition (b) concerns restriction

               imposed upon the Applicant not to enter Pune District except for

               reporting to the Investigating Officer if called and for attending the

               trial.




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                                                          37.IA.3829.2025.odt


3.    Ms.    Shirsath would submit that the Applicant has relatives

residing in Pune district and therefore he would like to enter Pune

District on that pretext. I am not inclined to grant the said request of

the Applicant especially in view of the fact that the gravity of offence

committed is extremely serious and the Applicant does not deserve any

laxity whatsoever.


4.    However, if the Applicant applies to the concerned trial Court,

through his Advocate on the eve and occasion of any family function

in the family or any festival to visit his relatives, the concerned trial

Court will deal with such Application in accordance with law and pass

appropriate orders to permit the Applicant to enter District - Pune

temporarily for period and specific reasons only.


5.    In so far as the prayer clause (d) is concerned, the Applicant

submits that he be directed to report to Baramati City Police Station

due to its close proximity as Phaltan Police Station is very far.


6.    Considering the ground raised in paragraph No.4(d), I am

inclined to accept the submissions made by Ms. Shirsath and

accordingly modify condition (d) and instead of Phaltan City Police

Station it shall be read and replaced as Baramati Police Station

therein.




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                    7.       This order shall be read alongwith bail order dated 02.12.2024

                    together for compliance.


                    8.       Interim Application is partially allowed and disposed of in the

                    above terms.


Sufiyan Syed – PA                                                 [ MILIND N. JADHAV, J. ]


                             Digitally signed
                             by HARSHADA
                    HARSHADA HANUMANT
                    HANUMANT SAWANT
                    SAWANT   Date:
                             2026.08.20
                             15:13:34 +0530




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