Asrar Ahmad Abdul Hameed Tailor @ Sagari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1371 OF 2021 IN CRIMINAL APPEAL NO.148 OF 2018 Asrar Ahmad Abdul Hameed Tailor @ Sagari Applicant versus The State of Maharashtra Respondent Mr.Hafeez Kotwala i/by Mr.Khan Abdul Wahab, Advocate for applicant.

Mr.S.H.Yadav, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 16th February 2022 PC :

1.

This is an application for relaxation of condition of attendance stipulated in order dated 19th March 2018 passed by this Court in Criminal Application No.222 of 2018.

2.

The applicant has been convicted for offence under Section 489(C) of IPC and sentenced to suffer imprisonment for six years. While suspending sentence and granting bail, the applicant was directed to attend Trial Court on every first Monday of the month between 11 am to 2 pm. Learned advocate for applicant submitted that the applicant has been complying the said condition since 2018. Hence condition may be relaxed.

MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.02.17 15:12:58 +0530 3.

Learned APP submitted that complete relaxation may not be granted to the applicant. He should be available when the appeal is finally heard.

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Considering the submissions of both the sides, the order dated 19th March 2018 is modified as follows :

ORDER

(i) The order dated 19th March 2018 passed by this Court in Criminal Application No.222 of 2018 is modified and the applicant is directed to attend Trial Court once in six months on every first Saturday of the month between 11 am to 2 pm till disposal of appeal;

(ii) Rest of the order dated 19th March 2018 shall remain intact; (iii) Interim Application No.1371 of 2021 is disposed of. (PRAKASH D. NAIK, J.) MST