Abadul Samad Wali Mohammed Hingora v. The Central Bureau Of Investigation

1 Application 171-15asn FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.171 OF 2015 IN REVISION APPLICATION NO.416 OF 2010 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.H.P.Shah for the Applicants.

Mr.H.S.Venegaonkar for Respondent No.1.

Mr.A.R.Patil, APP. for the State.

CORAM : C.V.BHADANG,J.

DATE : APRIL 29,2015.

P.C.

This is an application for relaxation of condition as to the attendance to the police station.

2) The applicant was convicted for the offence punishable under Section 3(1)(c) of the Official Secrets Act and under Section 120 B of the I.P.C. and has been sentenced to suffer R.I. for 7 years which is the subject matter of challenge in Criminal Revision Application NO.416/2010. By an order dated 20 Sept. 2013 in Cri. Application No.147/2013 the applicant was directed to be released on bail inter alia on the condition that the applicant shall attend the J.J. Marg Police Station

2 Application 171-15every month on first Monday. This application is for relaxation of the said condition.

3) Heard counsel for the applicant and the learned APP for the 1st respondent.

It is submitted by the learned counsel for the applicant that the applicant was on bail during the trial for about 10 years and has not misused the liberty.

It is submitted that the applicant has started business of mobile accessories and having regard to the fact that there are no circumstances to indicate that the applicant has misused the bail, the condition as to attendance be relaxed.

In the alternative, it is submitted that the applicant will attend the police station every two months.

4) Learned counsel for the 1st respondent CBI opposes the prayer.

5) On hearing learned counsel for the parties and in the absence of any circumstances indicating misuse of the liberty, the condition No.(ii) is modified. The applicant shall attend the J.J. Marg Police Station on every two months on first Monday. Criminal application is disposed of.

(C.V.BHADANG,J.)