Gazi Mujeebur Rehman Habibur Qureshi v. The State Of Maharashtra And ANR

Digitally signed by Shagufta Q.

Pathan Date:

2021.02.22 15:53:15 +0530 Shagufta Q.

Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1176 OF 2018 IN CRIMINAL BAIL APPLICATION NO. 2822 OF 2017 Ghazi Mujeebur Rehman Habibur Qureshi ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Shabbir Shora a/w Mr. Parvez Inamdar for the Applicant Ms. S. V. Sonawane, A.P.P for the Respondents-State PSI Mr. S. A. Sonawane from Wadala T. T. Police Station, is present. CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 17 th FEBRUARY 2021 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks relaxation of the condition 5(b) imposed by this Court (Coram : A. S. Gadkari, J.) vide order dated 19th December 2017.

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The condition of which relaxation is sought, reads thus: "5.

....

b) After his release from Jail the applicant shall attend the Wadala T.T. Police Station on every first Monday of the month between 10.00 a.m. to 12.00 noon."

Learned counsel for the applicant states that the applicant is a qualified physician and has been attending the Wadala T. T. Police Station regularly, as directed by this Court vide order dated 19th December 2017. He submits that having regard to the fact that the trial has not commenced till date, the said condition be relaxed completely. Learned counsel, on the instructions of the applicant, states that the applicant will attend the trial Court on the dates given by the trial Court, unless exempted and will not, in any way, impede the progress of the trial.

Learned A.P.P, on instructions, does not dispute the fact that the applicant has regularly been attending the concerned Police Station. Till date, trial has not commenced. The case is of the year 2016. Considering the aforesaid and having regard to the statement made by the applicant through his counsel that the applicant will attend the trial Court on the dates given by the trial Court, unless exempted and will 2/3

cooperate in the conduct of the trial, the application is allowed and the condition imposed vide clause 5(b) is relaxed. Application is disposed of accordingly.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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