AMOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Aabad Ponda, learned Senior Counsel for the Applicant and Ms. M. M. Deshmukh, learned APP for the State.

(2.) By the present application the Applicant prays for modifcation / relaxation of condition imposed in Paragraph No. 6 (iii) of the order dtd. 18/12/2019 passed by this Court in Criminal Application No. 1482 of 2018 in Criminal Appeal No. 361 of 2016, whereby the Applicant was restrained from entering the Ahmednagar District during the pendency and till the decision of his appeal. Mr. Ponda, learned Senior Counsel by inviting our attention to the order passed by this Court in Criminal Appeal No. 1482 of 2018 dated 18 th December, 2019 vehemently submitted that the circumstances and scenario at the relevant time was of diferent nature. It was the submission of Mr. Ponda lerned Senior Counsel that the consideration for restraining entry of the Applicant into Ahmednagar District was on the backdrop of an apprehension that the Applicant may pressurize the witnesses. Mr. Ponda learned Senior Counsel for the Applicant submitted that post the order dated 18 th December, 2019, there is remarkable change in the situation and scenario. Mr. Ponda learned Senior Counsel submitted that frstly, as of now the trial is over and the appeal challenging the conviction is pending in this Court as such, there is hardly any apprehension that the Applicant would impress upon the witnesses and secondly, because of the Covid-19 pandemic, majority businesses have sufered huge loss. Mr. Ponda learned Senior Counsel appearing for the Applicant thereby inviting our attention to Paragraph No. 14 of the application submitted that the Applicant runs as many as eight business activities, including the activities relating to hospitality business, dairy farm, milk and agro products and one petroleum business.

(3.) It is then submitted by Mr. Ponda learned Senior Counsel that as the Applicant is unable to look after his business in general and supervise his employees in particular the employees have become lethargic and the unproductiveness of the employees hampered the business of the Applicant. It is also the submission of Mr. Ponda learned Senior Counsel for the Applicant that as the Applicant is running dairy farms and the nature of the business of dairy farms is peculiar. Due to poor management by the staf or employees there is a remarkable fall in the milk production. Mr. Ponda learned Senior Counsel appearing for the Applicant then submitted that the application was fled at the instance of brother of the Applicant seeking relaxation / modifcation in the condition imposed and the application was partly allowed and the brother/Applicant was permitted to enter in Ahmednagar District but then the brother of the Applicant would not be in a position to look after the entire business activities of the Applicant. Thus, the submission of Mr. Ponda learned Senior Counsel is on the backdrop change scenario due to pandemic.