Akil Habib Shah v. The State Of Maharashtra And ANR.

921-IA-5266-2024.docx Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5266 OF 2024 Akil Habib Shah .. Applicant

Versus

The State Of Maharashtra and Anr.

.. Respondents ....................

 Ms. Arfa Shaikh i/b Ms. Anjali Patil, Advocate for Applicant.  Mr. Sopan Bhagwat Wadkar, PSI, Sakinaka Police Station. ...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 06, 2025 P. C.

:

1.

Heard Ms. Shaikh, learned Advocate for Applicant. 2.

By this application Applicant seeks modification of bail condition in paragraph No.8(i) of the order dated 31.07.2024 passed by this Court (Coram: Manish Pitale, J.). Despite the said order having been passed it is an irony that the Applicant is not able to get himself released from custody for the past 7 months. This is the harsh reality of some of the Applicants before me which is seen by the Court. 3.

Be that as it may, for the reasons stated in the application and more specifically paragraph No.3 of the application I am of the opinion that bail order requires to be complied with in letter and spirit. If that is to be done application deserves to be allowed.

921-IA-5266-2024.docx 4.

Application stands allowed in terms of prayer clause ' i ' which reads thus:

"i. He may be released on provisions for cash Bail in CR. No.1153 of 2019 registered at Sakinaka Police Station on any terms and conditions as this Hon'ble Court may deem fit and proper."

5.

Application is allowed on the condition that after the release of Applicant on provisional cash bail, he shall provide sureties as directed in the order dated 31.07.2024 within a period of eight (8) weeks from the date of his release. This order shall be read alongwith order dated 31.07.2024.

6.

Application stands allowed and disposed.

P.R. Rajput [ MILIND N. JADHAV, J. ]