Mohammed Nauman Shahid Qureshi v. The State Of Maharashtra

69.IA.1044.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1044 OF 2024 IN BAIL APPLICATION NO. 1595 OF 2023 Mohammed Nauman Shahid Qureshi ...Applicant

Versus

The State of Maharashtra

...Respondent

***  Ms. Nisha Parekh, for Applicant.

 Ms. Rutuja A. Ambekar, APP for Respondent.

PRIYA KAMBLI by PRIYA KAMBLI Date: 2024.08.09 18:43:08 +0530 *** CORAM : MANISH PITALE, J.

DATE : 09th August, 2024.

P. C. :

1.

This is an application seeking modification of the condition (c) was imposed by this Court (Coram : M.S. Karnik, J.) in order dated 29.09.2023, passed in Bail Application No. 1595 of 2023. 2.

The aforesaid condition reads as follows :

"(c) The application shall attend the Investigating Officer of Anti Narcotics Cell, Bandra Unit, on every Wednesday, Saturday and Sunday of the month between 4.00 p.m. and 6.00 p.m."

3.

The learned counsel for the applicant submits that the applicant has abided by the said condition. It is further submitted that he is attending each and every date before the Trial Court. In that light, it is submitted that since the applicant has abided by the said condition for almost a year, leniency Shrikant Malani

69.IA.1044.2024.doc may be shown and condition may be suitably modified. 4.

The learned APP has taken instructions and she submits that the applicant has indeed abided by the said condition. There does not appear to any default on his part.

5.

It is to be noted that in the said order granting bail to the applicant itself, this Court took note of the health issues faced by the applicant and in that regard even during his stay in prison as an under trial, he was required to be referred to the hospital on multiple occasions. 6.

Considering the aforesaid circumstances and in the light of the fact that the applicant has indeed abided by the above quoted condition without default, this Court is inclined to allow the present application to modify the said condition as follows :

"(c) The applicant shall attend the Investigating Officer, Anti Narcotics Cell, Bandra Unit, on the First Monday of each month between 04:00 p.m. and 06:00 p.m., during the pendency of the trial.

7.

The application is allowed in above terms.

(MANISH PITALE, J.) Shrikant Malani