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Bombay High CourtIA/838/2025disposed off

Shahanwaj @ Bablu Shoab Shaikh v. The State Of Maharashtra

2025-06-17Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

by ARUNA SANDEEP TALWALKAR Date:

2025.06.17 19:56:54 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 838 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 4605 OF 2024 Shahanwaj @ Bablu Shoab Shaikh.

... Applicant.

Vs.

The State of Maharashtra.

... Respondents.

--- Ms. Savvy Kolhekar i/b. Mr. Aniket Vagal, Advocate for the Applicant.

Mr. Amit A. Palkar, APP for Respondent/State. --- CORAM : ASHWIN D.BHOBE, J.

DATE : 17th JUNE, 2025.

P.C. :

1.

Heard Ms. Savvy Kolhekar, learned Advocate for Applicant and Mr. Amit Palkar, learned APP for State.

2.

By the present Application, the Applicant has sought for the following substantial relief :

"a) The Hon'ble Court be pleased to modify the bail order dated 11.12.2024 passed by this Hon'ble High court Mumbai and the condition of Operative part of the order point no. (ii) and (iii) of the said bail order dated 11.12.2024 passed by this Hon'ble High Court Mumbai may be modified."

3.

Ms. Kolhekar, learned Advocate for the Applicant states that she would restrict the present application to the modification of Condition No. 6(iii), with reference to the extent of the police station. She submits that the Applicant is a permanent resident of Bhiwandi and it is difficult for him to travel to Abhona Police Station, for reporting which is situated in Nashik District. She therefore on instructions from the Applicant states that the Condition No. 6(iii) be modified by making the reporting police station as "Bhoiwada (Bhiwandi) Police Station, Thane". She states that the Applicant shall report to the said Police Station if the condition is modified.

4.

Mr. Palkar, Learned APP has no objection if the police station in bail condition in paragraph 6(iii) is modified subject to the Applicant complying with the condition in clause 6(iii) read with other conditions in the bail order.

5.

Ms. Kolhekar, learned Advocate for the Applicant on instructions form the Applicant undertakes to comply with all the conditions imposed in the bail order dated 11th December, 2024.

6.

In view of the above, the Bail Condition No. 6(iii) is modified to the following extend :

"6 (iii) The applicant shall regularly attend Bhoiwada (Bhiwandi) Police Station, Thane on 1st and 16th day of every month between 10.00 a.m. to 11 a.m., till the conclusion of the trial except on the date of trial:" 7.

The learned APP submits that the direction be issued to the Bhoiwada (Bhiwandi) Police Station, Thane to submit a report of attendance of the applicant to Abhona Police Station, Nashik. 8.

Bhoiwada (Bhiwandi) Police Statoin, Thane shall submit the attendance report of the Applicant to the Abhona Police Station, Nashik.

9.

The Interim Application No. 838 of 2025 is allowed by modifying clause 6(iii) of the order dated 11th December, 2024. It is clarified that all the other conditions in the order dated 11th December, 2024 in Criminal Bail Application No. 4605 of 2024 shall continue.

[ ASHWIN D.BHOBE, J.]