Javed Ahmed Shabbir Khan v. The State Of Maharashtra

Nisha S.

Chitnis Nisha S. Chitnis Date: 2021.03.08 11:42:31 +0530 1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.453 OF 2021 IN CRIMINAL BAIL APPLICATION NO.948 OF 2019 Javed Ahmed Shabbir Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Deepa S. Amati i/b Ms. Munira Palanpurwala, for the Applicant. Ms. S. V. Sonawne, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 4th MARCH, 2021 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the Applicant seeks modification/ relaxation of the condition set out in clause - (ii) of para 6, of the order dated 19th July 2019, passed by this Court (Coram: Revati Mohite Dere, J.) in Bail Application No.948 of 2019.

3.

The condition of which modification/relaxation is sought, reads thus:-

2/3 "6.

....

(ii) The Applicant shall report to the investigating officer of the concerned police station on the first Saturday of every month between 10.00 a.m. and 11.00 a.m. till the conclusion of the trial ."

4.

Learned Counsel for the applicant submits that the applicant is a watchman and is required to take leave for his attendance on the said dates as well as on the dates given by the trial Court. She submits that the applicant is the sole earning member of his family. Learned Counsel relied on Exhibit - 'B' which is on page 11 of the application to show that the applicant has been attending the concerned police station as directed by this Court vide order dated 19th July 2019. The applicant is facing serious charges under Sections 376(2),(F),(I),(J),(N), 354D, 506 of the Indian Penal Code and under Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, and hence it will not be appropriate to relax the said condition completely.

However, since the applicant is attending the trial Court and the matter is posted for framing of charges, the said condition is modified to the extent, that instead of the applicant attending the concerned police station on the first Saturday of every month between 10.00 a.m. and 11.00 a.m.

3/3 09:00 a.m. to 11:00 a.m. till the conclusion of the trial. Rest of the conditions imposed vide order dated 19th July 2019, to remain as it is. 5.

The Application is allowed and disposed of in above terms. 6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.