Shezad Hamid Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.75 OF 2016 IN BAIL APPLICATION NO. 797 OF 2015 Shezad Hamid Khan.

....Applicant.

Vs.

The State of Maharashtra.

....Respondent.

Mr. Hussain Shaikh for the Applicant.

Mr. S.H. Yadav,APP. for the Respondent State. CORAM : A.S.GADKARI, J.

DATE : 08TH FEBRUARY, 2016.

PC:

This is an application for modification of the conditions. By an order dated 14.7.2015 the applicant was directed to be released on bail on certain conditions. The Condition Nos. (ii) and (vi) read as under:- (ii) The Applicant shall attend Byculla Police Station, Mumbai once a week, i.e. on every Saturday between 10.00a.m. to 11.00a.m. till the conclusion of the trial.

2/3 (vi) The Applicant shall also not enter the Mazgaon and Dockyard Road area till the conclusion of the trial.

2) The learned counsel for the applicant submitted that after release from Jail the applicant has now shifted to Sea-Wood, Navi Mumbai and in view of condition No. (vi) he is not permitted to enter Mazgaon and Dockyard area till the conclusion of the trial. He submitted that as the applicant is now shifted and conducting his business at Sea-wood, Navi Mumbai, it is difficult for him to attend Byculla Police Station on every Saturday. He therefore, prayed that the said condition may be relaxed. 3) The learned APP opposed the application.

4) For the reasons stated in the application and in the interest of justice, I am inclined to modify the Condition No.(vi) imposed upon the applicant by order dated 14.7.2015.

Hence,the following order.

ORDER

a) The applicant shall attend the Byculla Police Station once in a fortnight i.e. on every 1st and 3rd

3/3 Saturday between 10.00 a.m. to 12.00 noon till the conclusion of the trial.

b) The rest of the conditions imposed upon the applicant are not disturbed.

c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)