Mohd Sadique Mohd Farookh v. The National Investigating Agency And ANR.

Osk 44-Ia-2534-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2534 OF 2022 IN INTERIM APPLICATION NO. 2326 OF 2021 IN CRIMINAL APPEAL NO. 671 OF 2021 Mohd Sadique Mohd Farookh ... Applicant/Appellant V/s.

The National Investigating Agency & Anr.

... Respondents Mr. Abdul R. Bukhari for Applicant/Appellant. Mr. Ajay Patil, A.P.P. for State.

Mr. Sandesh D. Patil a/w. Mr.Chintan Shah for NIA. CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ.

DATE : 4th October 2022.

P.C. :

1.

This is an application for relaxation of condition No.4 imposed upon the Applicant while releasing him on bail, by Order dated 29th October 2021, passed in Criminal Interim Application No. 2326 of 2021. The condition No.(iv) reads as under :- "The applicant/appellant shall, after his release, report at the concerned local policy station in Nanded District, in whose jurisdiction the applicant/appellant is residing, on every Monday 1/2

Osk 44-Ia-2534-2022.odt in between 11am to 1pm for three months and thereafter, twice in a month i.e., on first and third Monday of every month, between 11am to 2pm, till Appeal No.671 of 2021 is decided." 2.

Learned Advocate for Applicant submitted that, the Applicant has scrupulously followed the said condition till today. However, as far as the attendance to the local police station twice in a month is concerned, the said condition is causing undue difficulty to him for proceeding further in life. 3.

In view thereof, we hereby modify the said condition No.4 as follows :- Applicant is directed to attend Itwara Police Station, Nanded City on every first Monday of the month between 11.00 am and 1.00 pm for a period of one year from today and thereafter on every first Monday of every 3rd month, i.e. 4 times in a year, during the pendency of the appeal.

4.

Interim Application is allowed in the aforesaid terms. [MILIND N. JADHAV, J.] [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.10.10 14:20:04 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2