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Bombay High CourtIA/4854/2024disposed off

Lazinabi Usman Khan @ Mahek v. Narcotic Control Bureau And ANR

2024-11-29Hon'Ble Shri Justice Manish Pitale2 pages

918_IA_4854_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4854 OF 2024 IN BAIL APPLICATION NO. 420 OF 2023 Lazinabi Usman Khan @ Mahek ...

Applicant vs.

Narcotics Control Bureau and another ...

Respondents Mr. Shreerat Kamath, i/b. Ms. Puja Yadav for applicant. Ms. Manisha Jagtap for respondent No.1-NCB.

Mr. Mayur S. Sonavane, APP for respondent No.2-State. Mr. Sampat Aher, PSI, Navghar Police Station, Mira-Bhayandar, Vasai-Virar. CORAM : MANISH PITALE, J.

DATE :

29th NOVEMBER, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned counsel appearing for respondents.

2.

By this application, the applicant seeks relaxation of the following condition imposed upon the applicant, while granting bail on 07.12.2023:

"(d) The applicant shall attend the Investigating Officer of Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m."

3.

It is specifically stated in the application that the applicant is pregnant. She is resident of Aurangabad and as per the aforesaid condition, she is required to attend the office of Narcotics Control Bureau at Mumbai on the first Monday of every month. Documents placed on record show that as on today, the pregnancy of the applicant is at an advanced stage of second trimester. Digitally signed by PRIYA KAMBLI Date:

2024.11.29 18:34:00 +0530 PRIYA KAMBLI 1/2

918_IA_4854_24.doc 4.

Considering the aforesaid material, this Court is convinced that the application deserves to be allowed.

5.

In view of the above, the application is allowed in terms of prayer clause B, which reads as follows:

"B.

That this Hon'ble Court be pleased to modify clause (d) of the order dated 07.12.2023 and allow the applicant to mark her attendance before City Chowk Police Station, Aurangabad in lieu of marking attendance before the NCB office, Mumbai."

(MANISH PITALE, J) Priya Kambli 2/2