Mohammad Lutfur Rehaman Talukdar v. The State Of Maharashtra And ANR

18 - APPA. 227-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 227 OF 2019 IN CRIMINAL APPEAL No. 913 OF 2017 Mohammad Lutfur Rehman Talukdar ...

Applicant Vs.

The State of Maharashtra (at the instance of DCB CID) ...

Respondent *** Mr. K. A. J. Merchant, for the Applicant.

Mr. V. B. Konde-Deshmukh, for Respondent - State. *** CORAM : INDRAJIT MAHANTY, & A. M. BADAR, JJ.

DATE : JUNE 14, 2019 PC :

1.

This is an application for modification of the condition of marking attendance to the nearest police station, viz. Daboka Police Station in Assam during pendency of the appeal before this Court, imposed by the learned trial Court while taking action under S. 390 Cr.P.C. against the Applicant-accused / Respondent No. 2 in the appeal.

2.

We have heard the learned counsel for the Applicant, as well as the learned APP for the State. We have noticed that the criminal appeal filed by the State challenging acquittal of 1 / 2

18 - APPA. 227-19 Respondent No. 2 is not listed for hearing and it will not be listed for final hearing in the near future. Hence, we are of the considered opinion that condition imposed on the Applicant / Respondent No. 2 while taking action under S. 390 Cr.P.C. needs to be relaxed in the following manner.

3.

The Applicant / Respondent No. 2 - Mohammad Lutfur Rehman Talukdar is directed to mark his attendance in Daboka Police Station in Assam any time between 11.00 a. m. to 2.00 p.m. on any one day of the first week of June and December every year till disposal of the appeal filed by the State. .

The criminal application accordingly stands disposed of in the aforesaid terms.

[A. M. BADAR, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2