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41-IA-293-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 293 OF 2021

IN

CRIMINAL BAIL APPLICATION NO. 2562 OF 2014

Nazirul Hasan Mehndihasan Chaudhary

… Applicant

V/s.

The State of Maharashtra

… Respondent

Mr.Ganesh Mohite for Applicant.

Mrs.Rutuja Ambekar, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 30^th March 2021.

P.C. :

This is a successive application for relaxation of condition Nos.

(vi) and (vii) imposed upon the applicant by an Order dated 18^th June 2015

passed in Criminal Bail Application No.2562 of 2014. The earlier application

preferred by the applicant was dismissed by this Court by an Order dated 12^th

April 2017.

2.

The condition Nos.(vi) and (vii) imposed upon the applicant

reads as under :-

“(vi)The applicants shall attend Sheel-Daighar Police

Station, Thane once in a month on the first Saturday

of every month between 11:00 a.m. to 12:00 noon

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41-IA-293-2021.odt

till the conclusion of the trial.

(vii) The applicants shall not leave the jurisdiction of

Mumbai City, Thane or Navi Mumbai, without the

permission of the trial Court.”

3.

Learned counsel for the applicant submitted that, despite

directions of this Court the trial of the said case is not yet concluded. That the

applicant is following the said conditions scrupulously from the date of his

release from jail, for last about 4 years.

4.

In view thereof and for the reasons stated in the application,

condition No.(vi) imposed upon the applicant is hereby waived and the

applicant is directed to attend the trial Court on each and every date, except

on medical grounds.

5.

The condition No.(vii) imposed upon the applicant need not be

modified, as the presence of applicant for attending the trial is necessary.

6.

Application is partly allowed in the aforesaid terms.

[A.S. GADKARI, J.]

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