Sultan Riyaz Ullah Khan v. State Of Maharashtra

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3904 OF 2025 IN BAIL APPLICATION NO. 323 OF 2025 Sultan Riyaz Ullah Khan ...Applicant

Versus

State Of Maharashtra

...Respondent

Ms. Maitrayee Ajit Gadhave, for the Applicant. Ms. Gauri S. Rao, APP for the State-Respondent. API - Ajay Birajdar, DCB CID Unit-4, Antophill Mumbai, is present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

28th JANUARY 2026 PC:- 1.

This is an application seeking modification of the condition imposed vide bail order dated 28th February 2025, whereby the Applicant is permitted to stay outside the jurisdiction of Mumbai City and Mumbai Suburban District until completion of trial and he has been permitted to enter the jurisdiction only for the purpose of attending the Investigating Officer as directed in the bail order and for

attending the Trial Court on the schedule dates of hearing in the trial.

2.

Ms. Maitrayee Gadhave, learned counsel for the Applicant, states that the Applicant is faced with some livelihood issues and is desirous of entering Mumbai. She also submits that the Applicant has taken admission in the National Institute of Open Schooling for the senior secondary level. She submits that he needs to submit some assignments at the institute so that he will be permitted to appear for the examination. The said service center allotted to the Applicant is situated in Mumbai and hence, he needs to travel inside Mumbai to submit the said assignments. Therefore, she prays that the condition No.(iv) of paragraph 28 of the said order be deleted.

3.

Per contra, Ms. Gauri Rao, on instructions from the Investigating Officer, submits that the trial is about to conclude, only the statement under Section 313 of the Cr.P.C. left to be recorded by the Trial Court. Hence, the trial is likely

to conclude in a short time. She thus submits that, since the trial is about to conclude, the modification of the order as prayed be rejected.

4.

I have heard learned counsel appearing for the respective parties and perused the record with their assistance.

5.

Since the trial itself is at its end and is likely to conclude within a short time, I am not inclined to modify the order as sought by the Applicant. However, to the extent that the Applicant seeks to enter Mumbai to submit his assignments to the National Institute of Open Schooling, I am inclined to permit the Applicant to enter Mumbai to go to the institute and submit his assignments.

6.

For that purpose, the Applicant shall be permitted to enter Mumbai on 30th January 2026 to facilitate him to attend the institute and submit his assignments.

7.

Rest of the order remains as it is.

8.

The Interim Application is partly allowed and is accordingly disposed of.

(Dr. Neela Gokhale, J)