Aryan Shah Rukh Khan v. The Union Of India And ANR

BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3034 OF 2021 BHARAT DASHARATH PANDIT Date: 2021.12.15 15:48:27 +0530 IN CRIMINAL BAIL APPLICATION NO. 3624 OF 2021 ARYAN SHAH RUKH KHAN ....Applicant.

V/s THE UNION OF INDIA AND ANR .....Respondents Mr. Amit Desai, Senior Counsel a/w Mr. Rustom Mulla, Mr. Gopalkrishna Shenoy, Mr. Harshad Gada, Mr. Sohan Kink Habwala i/b Desai Desai Carrimjee & Mulla for the Applicant. Mr. Shreeram Shirsat a/w Mr. Amandeep Singh Sra for the Respondent-NCB Mr. M.G. Patil, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 15, 2021 P.C.:- 1] Learned Senior Counsel Mr. Desai invited attention of this Court to the order of grant of bail dated 28th October, 2021. According to him, circumstances exist which are narrated in the application which warrant modification of condition Nos. (i) and (j) of the said order. Condition Nos. (i) and (j) read as under:- 1/3

"(i) If the Applicants/Accused have to go out of Greater Mumbai, they shall inform the Investigating Officer; and shall give their itinerary to the Investigating Officer."

"(j) Applicants/Accused shall attend the NCB Mumbai office on each Friday between 11:00 a.m. to 2:00 p.m. to mark their presence."

2] Learned Counsel appearing for Non-applicant Narcotic Control Bureau has placed on record affidavit-in-reply and submits that prayer for modification of said conditions can be considered in the light of what has been stated in para 7 of the affidavit-in-reply. 3] I have gone through the pleadings in the said affidavit-in-reply. 4] Mr. Desai, learned Senior Counsel in response to court' s query volunteers that Applicant has no hesitation or reservation for appearing before Delhi Office of the Non-applicant Narcotic Control Bureau, provided sufficient notice is given so as to enable the Applicant to make travel arrangements.

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5] In the aforesaid background, condition Nos. (i) and (j) of the said order stands modified as under:- (a) Applicant shall attend the Office of Non-applicant Narcotic Control Bureau at Delhi as and when so directed, provided Non-applicant Narcotic Control Bureau issues 72 hours notice to that effect to the Applicant.

(b) As far as other travel plans of the Applicant are concerned other than his requirement at Delhi Office of the Narcotic Control Bureau, Applicant is duty bound to furnish his itinerary to that effect to the Non-applicant Narcotic Control Bureau.

6] Interim Application stands disposed of in the above terms. ( NITIN W. SAMBRE, J. ) 3/3