Hayat Abdul Latif Ali v. State Of Maharashtra

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.225 OF 2024 IN CRIMINAL BAIL APPLICATION NO.3891 OF 2022 Hayat Abdul Latif Ali ] Applicant vs.

The State of Maharashtra ] Respondent .....

Ms. Soumya Kamat, for Applicant.

Ms. Anamika Malhotra, A.P.P, for Respondent - State. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 23rd JANUARY, 2024.

P.C.

1.

This is an application seeking modification of condition (f) imposed vide order dated 27th January, 2023 passed by this Court in Criminal Bail Application No.3891 of 2022 while granting bail to the applicant, which reads thus;

"(f) The applicant shall report to the investigating officer once in a month on every Monday between 11.00 a.m and 1.00 p.m and thereafter as and when called".

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2024.01.25 13:01:39 +0530

2.

Learned Counsel for the applicant strenuously urged to relax the said condition in the light of the fact that the applicant being a poor labour has to earn his daily wages 7 days a week and, therefore, it is very difficult to earn livelihood for his family as he earns a meagre salary of Rs.15,000/- per month. It is also a grievance put forth by the Counsel that the applicant has to attend the Police Station for the whole day right from 9.00 a.m to 6.00 p.m which obviously affects his employment as a daily wager. 3.

Charge has not yet been framed and looking to the seriousness of the offence, it would not be just and proper to relax the aforesaid condition at this stage. Nevertheless, till framing of the charge, In-charge of Santacruz Police Station is directed to mark presence of the applicant once in a month on every Monday between 11.00 a.m and 11.15 a.m. and he shall not be unnecessarily detained after 11.15 a.m.

4.

After framing the charge, the applicant shall attend the trial scrupulously on each date, failing which, the prosecution is at liberty to make an application for cancellation of his bail.

5.

Clause (f) of the aforesaid order stands modified as aforesaid. 6.

Application stands disposed of in the aforesaid terms. [PRITHVIRAJ K. CHAVAN, J.]