Nazirul Hasan Mehndihasan Choudhary v. The State Of Maharashtra

osk 41-IA-293-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 293 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 2562 OF 2014 Nazirul Hasan Mehndihasan Chaudhary ... Applicant V/s.

The State of Maharashtra ... Respondent Mr.Ganesh Mohite for Applicant.

Mrs.Rutuja Ambekar, A.P.P. for Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 30th March 2021.

P.C. :

This is a successive application for relaxation of condition Nos. (vi) and (vii) imposed upon the applicant by an Order dated 18th June 2015 passed in Criminal Bail Application No.2562 of 2014. The earlier application preferred by the applicant was dismissed by this Court by an Order dated 12th April 2017.

2.

The condition Nos.(vi) and (vii) imposed upon the applicant reads as under :- "(vi)The applicants shall attend Sheel-Daighar Police Station, Thane once in a month on the first Saturday of every month between 11:00 a.m. to 12:00 noon 1/2

osk 41-IA-293-2021.odt till the conclusion of the trial.

(vii) The applicants shall not leave the jurisdiction of Mumbai City, Thane or Navi Mumbai, without the permission of the trial Court."

3.

Learned counsel for the applicant submitted that, despite directions of this Court the trial of the said case is not yet concluded. That the applicant is following the said conditions scrupulously from the date of his release from jail, for last about 4 years.

4.

In view thereof and for the reasons stated in the application, condition No.(vi) imposed upon the applicant is hereby waived and the applicant is directed to attend the trial Court on each and every date, except on medical grounds.

5.

The condition No.(vii) imposed upon the applicant need not be modified, as the presence of applicant for attending the trial is necessary. 6.

Application is partly allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2