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Bombay High CourtAPPLN/269/2024application allowed

Sadik Isamoddin Shaikh v. The State Of Maharashtra

2024-02-13Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2024:BHC-AUG:3191 cran269.24 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CRIMINAL APPLICATION NO. 269 OF 2024 IN BA/565/2023 Sadik Isamoddin Shaikh

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Shilpa Aurangabadkar h/f Mr. Satej S. Jadhav APP for Respondents: Mr. Mukesh K. Goyanka .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 13th FEBRUARY, 2024.

PER COURT :- 1.

This is an application for relaxation of condition imposed at the time of granting bail to the applicant in bail application No. 565 of 2023, by order dated 28.06.2023. The condition was that the applicant shall not reside in Ahmedpur taluka for a period of one year from the date of his release.

2.

Learned advocate for the applicant submitted that the applicant is the only bread winner in his family. He has no criminal antecedents. The applicant is facing so many difficulties. His family members are also suffering hardships. He is businessman. He has roots in the society. He has followed the said condition till today. It is lastly prayed to allow the application.

3.

Learned A.P.P. strongly opposed the application and

cran269.24 -2submitted that at the time of granting bail, there was prayer on behalf of the applicant that any condition may be imposed for granting bail. He lastly prayed to reject the application.

4.

Perused the impugned order. The applicant has followed the said condition till today. He is businessman. He has no criminal antecedents. He is the only bread winner in the family and his family members are suffering because of the said condition. Considering all these aspects, particularly, the fact that he is running "Friend Digital Photo Studio" at Ahmedpur, the application deserves to be allowed. The condition imposed by this Court while granting bail at clause "c" of para 10 (ii) of the said order is accordingly relaxed. Inform the concerned police station accordingly.

(SANJAY A. DESHMUKH, J.) rlj/