Sk. Ahmad Sk. Azad v. The State Of Maharashtra Thr. Pso, Ps Civil Lines, Dist. Akola

2024:BHC-NAG:12020 15appp1917.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1917 OF 2024 I N CRIMINAL APPLICATION (BA) NO. 329 OF 2024(D) Sheikh Ahmad Sheikh Azad Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. U.J. Deshpande, counsel for applicant.

Mrs. H.N. Prabhu, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21/10/ 4.

1.

By this application, the applicant is seeking modification of bail order dated 03/05/2024, by which this Court has imposed the condition that, the applicant shall not enter into the Akola city till culmination of the trial, except attending the proceeding before the trial Court.

2.

Learned counsel for the applicant submitted that small daughter of the applicant is suffering from vestibular fistula and she has to treat for the same, and therefore, presence of the applicant is required. 3.

Learned APP strongly opposed the said application and submitted that considering the criminal antecedents against the present applicant, the said condition was imposed. In view of that, application deserves to be rejected.

rkn

15appp1917.2024.odt 4.

Considering the reasons mentioned in the application along with medical certificate that condition can be modified to the extent that the applicant is permitted to enter the Akola City. In case of any medical emergency arises, the applicant shall file the appropriate application before District Court.

5.

In view of that, the application is allowed.

The applicant is permitted to enter into the vicinity of Akola City whenever there is a medical emergency. The criminal application (APPP) No.

1917/2024 is disposed of.

[URMILA JOSHI-PHALKE, J.] rkn