Bombay High CourtAPPP/326/2015others disposed off

Zuber Ahmed Khalifa v. The State Of Maharashtra

2015-12-03Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 appp.326-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 326 OF 2015 IN BAIL APPLICATION NO.2514 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

Mr. Niranjan A. Mogre for Applicant.

Ms. S.D. Shinde, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 3rd December 2015 P.C.:

This is an application for relaxation of condition imposed by this Court by its order dated 15.1.2015 in Bail Application No.2514 of 2015.

While releasing the applicant on bail, this Court had directed that after release of the applicant from jail, he shall not enter the area of Shirgaon nor indulge in any attempt of coming across with the victim girls or their parents or any of the other prosecution witnesses, much less pressurizing, threatening and/or coercing them in any manner.

The learned Counsel for the applicant submits that the parents of the applicant are not keeping well and to take their care, he wants to enter in the village Shirgaon.

Dond 2/2 appp.326-2015.sxw The learned APP pointed out that order granting bail to the applicant was passed on 15.1.2015 and the applicant had preferred the present application on 20.3.2015. She also pointed that the medical certificate annexed to the present application is dated 4.3.2015.

Apart from the said fact it is to be noted that the the alleged offence was committed by the applicant within the limits of villalge Shirgaon, District-Palghar. Taking into consideration the seriousness involved in the offence coupled with the fact that the victim girls and other witnesses are residing within the limits of the village Shirgaon and because of the same this Court while releasing the applicant on bail had imposed the said stringent condition.

In view of above, there is no need to relax the said condition till the completion of the trial. The application is dismissed.

(A.S. GADKARI, J.)