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Bombay High CourtAPPP/831/2015modified

Abdul Wahid Baig And ANR v. The State Of Maharashtra

2016-01-18Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 appp.831-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.831 OF 2015 IN ANTICIPATORY BAIL APPLICATION NO.377 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

Mr. Mateen Shaikh for Applicants.

Ms. Rutuja Ambekar for State.

CORAM : A.S. GADKARI, J.

DATE : 18th January 2016.

P.C.:

This is an application for modification of the condition no.(ii) imposed upon the applicants while releasing them on bail by this Court by its order dated 13th March 2015.

The learned Counsel for the applicants submitted that since the date of passing of the order dated 13th March 2015, the applicants are attending the Police Station. He further submitted that in pursuance of the said order, the applicant no.1 has to shift to Malegaon and he is presently residing there. He submitted that it is very difficult for the applicant no.1 to attend the Meghwadi Police Station, Mumbai once in fortnight.

As far as the applicant no.2 is concerned, the applicant no.2 is residing at Jogeshwari, Mumbai and

Dond 2/2 appp.831-2015.sxw therefore according to me there is no need to modify the condition no.(ii) of the aforesaid order. As far as the applicant no.1 is concerned, the condition no.(ii) can be modified and he can be directed to attend the Meghwadi Police Station once in a month. This modification is on the ground that the applicant is residing at Malegaon. Hence, the following order:

(i) The Clause No.(ii) of the order dated 13.3.2015 is hereby modified and the applicant no.1 to attend the Meghwadi Police Station on every first Monday of the month between 10.00 a.m. to 2.00 p.m.

(ii) As far as the applicant no.2 is concerned, the said condition no.(ii) shall remain in operation till the conclusion of the trial.

(iii) Rest of the conditions imposed upon the applicants are not disturbed.

(iv) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)