Hamja Shakeel Pittu v. State Of Maharashtra

2024:BHC-AS:10235

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.73 OF 2024 IN BAIL APPLICATION NO.967 OF 2023 HAMJA SHAKEEL PITTU ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Sohail Ahmed h/f Adv. Rajendra Rathod for the applicant.

Mr. B. B. Kulkarni, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 4, 2024 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for modification of the condition No.(f) of the order dated 14.09.2023 imposed by this Court while enlarging the applicant on bail. The condition No.(f) reads thus :- "(f) The applicant shall not enter the jurisdiction of Raigad district except for attending the trial and for the purpose of reporting to the investigating officer, till the trial concludes."

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3.

An application has now been made for modification of this condition on the ground that the applicant's mother is not keeping well and there is nobody to look after her. Since the time the applicant has been enlarged on bail up to now there is nothing to indicate that the applicant is involved in any offence or that he violated the conditions of bail. The applicant has regularly reported to the police station. 4.

An affidavit has been filed by the respondent-State opposing the application for modification. Learned APP submitted that the medical certificate is of a private doctor. It is further submitted that the mother could be taken by him out of Raigad district for treatment. My attention is invited to the affidavit to submit that the applicant is the main culprit and there is every likelihood of the applicant indulging in similar activities as he is well aware of the places where these illegal activities are carried out conveniently in the district of Raigad.

5.

In the facts and circumstances of the present case and for the reasons mentioned in the application, I am inclined to allow the application for modification but by imposing 2/3

stringent conditions. Clause (f) of the order dated 14.09.2023 is modified. The applicant is allowed to enter the jurisdiction of Raigad district. However, he will report to the Investigating Officer of the concerned police station once in a week every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. Other conditions earlier imposed to remain intact.

6.

The interim application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 04/03/2024 16:22:58