Mohd. Anees Mohd. Ishaq v. The State Of Maharashtra

Darshan Patil 35.appln.48-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 48 OF 2020 Mohd. Anees Mohd. Ishaq ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Mr. Milind A. Ingole for the Applicant.

Ms. A. A. Takalkar, APP for the State.

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

DATE : FEBRUARY 17, 2023 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 imposed by the trial Court that the applicant shall not leave Mumbai without prior permission.

3.

The victim is now major. The victim is the stepdaughter of the applicant. Considering the distance of time from the order was passed and as the trial is in progress, the condition of seeking prior permission before leaving Mumbai needs to be relaxed. Hence, the following order.

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Darshan Patil 35.appln.48-20.doc

ORDER

(a) The application is allowed;

(b) The applicant shall not need any prior permission of the trial Court before leaving Mumbai;

(c) The applicant shall surrender his passport if he has been issued one;

(d) The applicant shall not leave India without prior permission of the trial Court;

(e) The applicant shall report to the Investigating Officer once in 6 months i.e. on first Monday of that month between 11.00 am and 01.00 pm commencing from April-2023;

(f) The applicant shall attend the trial regularly.

4.

The application stands disposed of.

(M. S. KARNIK, J.) 2/2