Naushadali Gafarli Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 3339 OF 2023 IN CRIMINAL BAIL APPLICATION NO. 1572 OF 2019 Naushadali Gafarli Shaikh & Anr.

...Applicants

Versus

The State Of Maharashtra

...Respondent

----- Mr. Sankalp Vichare for the Applicants.

Mr. A. A. Palkar, APP, for the Respondent-State. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2023.10.19 19:18:07 +0530 SHANTANU SHANKARSA DHUDUM DATE : 13th OCTOBER, 2023.

P.C. :

1.

Heard learned counsel for the Applicants and learned APP.

2.

Learned counsel for the Applicants submitted that this Court (Coram: Revati Mohite Dere, J.) vide order dated 15th July, 2019 had granted bail to the Applicants. While granting bail this Court had imposed the Condition No.(ii) that the "Applicants shall 1/3

attend the concerned Police Station on the first Saturday of every month from 10:00 a.m. to 11:00 a.m. till the conclusion of the trial", and the Condition No.(iv) "the Applicant shall not leave Mumbai City without permission of the trial Court". Learned counsel further submitted that Applicants are attending the Court dates regularly and Applicants are finding it difficult to file application before the trial court every time, when they want to leave Mumbai City. Hence, requested to allow the application.

3.

Learned APP objected to allow the application. 4.

Considering the submissions of both learned counsel. I pass following Order.

ORDER

a). Application is partly allowed.

b). The Condition No. (ii) is modified as under: (ii) "The applicant shall attend the concerned police station on any convenient day between 10:00 to 11:00 a.m. once in a three months".

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c) Condition No.(iv) i.e. "The applicant shall not leave Mumbai City without permission of the trial Court" is relaxed".

5.

Application stands disposed of.

(SHIVKUMAR DIGE, J.) 3/3