RAJARAM S/O. DHONDIBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The petitioner has challenged an order dtd. 7/8/2023 passed below Exhibit-101 in R.C.C. No.22 of 2022 by the learned Judicial Magistrate First Class (Court No.1), Omerga, District Osmanabad. It was an application for relaxation of condition Nos.6 to 9 imposed upon the petitioner at the time of granting bail to him, which read as under:-

(3.) The learned counsel for petitioner submitted that in paragraph 8 of the impugned order, the learned Trial Court has observed that, that any condition imposed by magistrate while releasing any accused on bail cannot be modified. The learned Trial Court erred and held that it has no such power to relax the conditions as it is not expressly provided under Sec. 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C"). The learned counsel for petitioner further submitted that the Trial Court is having implied power under Sec. 439 (1)(b) of the Cr.P.C. He submitted that the doctrine of implied power is not considered by the learned Trial Court while rejecting an application for relaxation of conditions of bail as prayed by the petitioner. It is lastly submitted to allow the writ petition by setting aside the impugned order.