Faiyaz Ahmed Raes Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CR. APPLICATION No. 25 of 2016 In BAIL APPLICATION NO. 2166 OF 2014 Faiyas Ahmed Raes Khan Vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms Jasneem i/by M.J. Reena Rolland for the applicant. Ms P.P.Shinde, APP for the Respondent-State.

P.S.I. Raut, Charcop P.S.present.

CORAM : A.S.GADKARI, J.

DATE : 25th January, 2016 P.C.

1.

This is an application for modification of the condition imposed upon the applicant by an order dated 21.1.2015, while releasing him on bail. That apart from other conditions, this Court has imposed the condition that the applicant shall stay out of the area of Greater Mumbai, save except attending the dates fixed in the case against him and even on the said dates he shall not enter the area under the Charcop Police Station.

2.

The learned counsel for the applicant submitted that after passing of the order dated 21.1.2015, the applicant is staying at Nalasopara and it is very difficult for him to get job at that place. She further submitted that other accused have been permitted to enter the jurisdiction of Charcop police station and only the present applicant has been saddled with the said condition.

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It appears from the perusal of the order dated 21.1.2015 that the applicant is the prime accused in the crime where not only the provisions of the IPC but sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 have also been invoked. 4.

Taking into consideration the role played by the applicant, this Court, while releasing the applicant on bail, has imposed such a stringent condition. After going through the order passed by this Court dated 21.1.2015, in my considered opinion the said condition is rightly imposed upon the applicant after taking into consideration the gravity of the offence.

5.

In view of the above, I find no merit in the application and the same is dismissed.

(A.S.GADKARI, J.)