Najma Abdul Shaikh v. The State Of Maharashtra

ndm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

APPELLATE SIDE CRIMINAL APPLICATION NO. 425 OF 2015 IN CRIMINAL BAIL APPLICATION NO. 1311 OF 2012 SMT. NAJMA ABDUL SHAIKH.

... APPLICANT

VERSUS

THE STATE OF MAHARASHTRA ... RESPONDENT ...

Ms Zahra Charania, I/b Mr. Ayaz Khan, Advocate for the Applicant. Mr. Y.M.Nakhawa, APP for Respondent / State.

...

CORAM :

V. L. ACHLIYA, J.

DATE :

29th June, 2015.

P.C.:

Heard.

This application is filed seeking modification of condition imposed by the Court while releasing the applicant on bail to attend the office of Anti Narcotics Cell, Thane, on every Monday between 11:00 am to 12:00 noon, till the disposal of the case, vide order dated 23rd October, 2012, passed by this Court.

Learned counsel appearing for the applicant strenuously contends that the condition to attend Anti Narcotics Cell was imposed

in the year 2012. A period of more than 2 and 1⁄2 year has been lapsed and the applicant has not violated the conditions of bail. She is regularly attending the Court as well as the office of Anti Narcotics Cell. Learned counsel further submits that the charge is already framed in the case. In view of change in circumstance and further taking into consideration the conduct of Applicant, it is desirable that the condition to attend Anti Narcotics Cell till disposal of the case, be cancelled or same be modified as imposition of such condition causes hardship to the applicant.

Learned APP for the State has strongly opposed to cancel or modify the condition of bail imposed by this Court. Learned APP submits that the condition was imposed while granting bail to the applicant by keeping in mind the nature of offence and involvement of applicant in another criminal case.

Having regard to the fact of the case and the condition to attend Anti Narcotics Cell was imposed way back in the year 2012 and charge is also framed against accused, I am of the view that the condition needs to be suitably modified to the extent that direction to attend Anti Narcotics Cell on every Monday i.e. once in a week be modified and instead of that, the applicant be directed to attend the

Anti Narcotics Cell, Thane on 1st and 15th day of every month till conclusion of the trial.

With this order and direction, the application be marked as disposed of.

[ V. L. ACHLIYA, J. ]