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Bombay High CourtAPPP/489/2015other disposed off

Rafiq Ghulam Hussain Ridhani v. The State Of Maharashtra

2015-08-10Hon'Ble Smt. Justice S.S. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 489 OF 2015 IN CRIMINAL BAIL APPLICATION NO. 36 OF 2015 Rafiq Ghulam Hussain Ridhani.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

­­­ Mr. Oves Ahmed Siddiqui, advocate for Applicant. Ms. S.S. Kaushik, APP for State.

Ms. Bharati Havale, PSI, Kandivali Police Station. ­­­ CORAM : SMT. SADHANA S. JADHAV,J DATE : AUGUST 10, 2015 P.C.:

This is an application seeking relaxation of condition. The applicant was directed to be enlarged on bail vide order dated 29/1/2015 passed by this Court (Coram : P.D. Kode, J). The applicant was directed not to enter into the area of Dahisar, Kandivali and South Greater Bombay.

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The learned Counsel for the applicant submits that the applicant has his residence at Dahisar and that his mother and sister are residing at Dahisar. In view of this, the applicant seeks relaxation of condition in the nature of permitting him to enter into Dahisar area. The learned APP upon instructions submits that the applicant has no criminal antecedents. In view of this, the application deserves to be partly allowed.

Hence following order is passed :

ORDER

(i) The application is partly allowed.

(ii) The applicant is permitted to enter into the local jurisdiction of Dahisar Police Station.

(iii) The applicant shall not tamper with evidence or threaten the witnesses.

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(iv) The applicant shall report to Kandivali Police Station on 1st Sunday of each month till the conclusion of trial. The applicant shall attend each and every scheduled date of the trial. (v) Upon failure to attend on two consecutive dates either in police station or at the trial, the prosecution is at liberty to file an application for cancellation of bail.

The application is disposed of accordingly on the above terms. (SMT. SADHANA S. JADHAV,J) 3/3