Babukhan S/O Ibrahim Khan @ Babukhan Panniwale (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Yadhodhara Nagar, Nagpur

appp.1485.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPP] No.1485 of 2016 in Criminal Application [BA] No.253 of 2015 (Babukhan Ibrahim Khan alias Babukhan Panniwale vs.

The State of Maharashtra, through P.S.O. Yashodhara Nagar, Nagpur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.P. Kotwal, Advocate for the Applicant. Shri H.D. Dubey, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 27 th OCTOBER, 2016.

Heard the learned Counsel for the applicant.

Issue notice to the non-applicant.

The learned A.P.P. waives service of notice on behalf of the State and submits that the condition of applicant's residing at Wardha imposed by this Court on 24th June, 2015 need not be modified in a manner as to have a permanent effect.

The learned Counsel for the applicant submits that the purpose for seeking modification of the condition is that the applicant is required to undergo surgery for cataract developed in his eye at Nagpur.

Having considered the submissions of both the sides, I am of the view that it is necessary to modify the

appp.1485.16 2 condition for a temporary period of time so that the applicant is able to take treatment for his eye at Nagpur and also to undergo cataract surgery of his eye at Nagpur. Accordingly, the application is allowed and it is directed that in modification of the condition No.(iii) imposed in order dated 24/06/2015, the applicant is permitted to reside at Nagpur for a period of three months from the date of this order and thereafter the applicant shall leave Nagpur and reside at Wardha, as directed by this Court Court. The application is disposed of in these terms. *sdw JUDGE

appp.1485.16 3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 27/10/2016 P.A. to the Hon'ble Judge.