Mohammad Kasim Mohammad Pathan v. The State Of Maharashtra

39. appp 40.16.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 40 OF 2016 IN CRIMINAL BAIL APPLICATION NO. 1816 OF 2012 Mohammad Kasim Mohammad Pathan .. Applicant Vs.

The State of Maharashtra .. Respondent Smt.Soni Sangle i/b Kulkarni & Associates, Advocate for the Applicant.

Smt. M.H.Mhatre, APP for State.

CORAM :

A.S.GADKARI, J.

DATED : 27th JANUARY, 2016 P.C.

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This is an application for modification of the condition of attending R.C.F. police station on every alternate day between 5.00 p.m. to 7.00 p.m. till the disposal of the case i.e. Sessions Case No. 808 of 2012 imposed upon the applicant by an order dated 08/04/2013 while releasing him on bail.

The learned Counsel for the applicant submitted that since the day on which the applicant has been released on bail, he is regularly attending R.C.F. police station and is strictly following the conditions imposed upon him by order dated 08/04/2013. She further submitted that the trial pertaining to the Sessions Case No. 808 of 2012 has not yet began. That it is very difficult for her client to attend the said police station on every alternate day and therefore, the said condition may be relaxed.

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39. appp 40.16.doc 2.

In view of the fact that since from his release from jail, the applicant is regularly attending the R.C.F. police station on every alternate day, I am inclined to modify the said condition. 3.

Hence, the following order.

i) The condition to attend/report to R.C.F. police station between 5.00 p.m. to 7.00 p.m. on every alternate day till disposal of the case against the applicant is hereby modified and the applicant is hereby directed to attend R.C.F police station on every 1st and 3rd Monday of the month between 5.00 p.m. to 7.00 p.m.

ii) The other conditions imposed upon the applicant by the said order dated 08/04/2013 are not disturbed.

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The application is allowed in the aforesaid terms. All the concerned to act on the authenticated copy of this order. (A.S.GADKARI, J.) 2/2