The Bombay High Court relaxed the bail restriction preventing the applicant from entering Ulhasnagar, Dombivli, and Kalyan municipal limits due to business closure, directing continued monthly reporting.
Relaxation of the prohibition on entering specific municipal limits; direction to continue monthly police reporting until trial concludes.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SIDE JURISDICTION
CRIMINAL APPLICATION NO.498 OF 2007
Shri Anwar Abdul Raur Khan ...Applicant.
V/s.
The State of Maharashtra ...Respondent.
Shri Dnyaneshwar Deshmukh, adv. for the Applicant.
Smt.M.H.Mhatre, APP for the Respondent/State.
CORAM: J.H.BHATIA, J.
DATE : 2nd April, 2007.
P.C.:
1. Heard Mr.Deshmukh, the learned counsel for the
applicant and Mrs.Mhatre, the learned APP for the State.
Perused the record.
2. The present applicant is an accused in crime
no.89 of 2005 under Sections 307, 120B of the I.P.C.
registered at Vithalwadi police station. By the order
dated 19-12-2005, the First Ad-hoc Additional Sessions
Judge, Kalyan had granted bail to the present applicant
with the condition that pending the trial he shall not
enter and stay within the limits of Greater Bombay,
Thane District and Raigad district including the
municipal corporations of Thane, Kalyan, Dombivli,
Ulhasnagar, Ambernath and Badlapur. In Criminal
Application No.76 of 2006 by the order dated 18th
January, 2006, this Court limited this restriction only
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to entry and stay within the limits of municipal
corporations of Ulhasnagar, Dombivli and Kalyan. He was
given liberty to apply again for further relaxation
after a period of six months. By this application the
applicant seeks relaxation of the condition on the
ground that he is a scrap dealer at Ulhasnagar and
Kalyan. Due to this restriction, his business has come
to complete stand still and his bank account is also
freezed as he could not carry on the business. After
some discussion at bar, the learned APP Mrs.Mhatre
concedes that this restriction may be removed and the
condition of reporting at Vithalwadi Police Station once
in a month, which has come to an end in the March, 2007
should continue till the end of the trial.
3. In view of the above circumstances, the
application is allowed. Condition of restraining the
applicant from entering and staying within the limits of
municipal corporations of Ulhasnagar, Dombivli and
Kalyan is hereby relaxed. However, he shall continue to
report at Vithalwadi police station once in a month till
the end of the trial.
4. Application stands disposed off.
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(J.H.Bhatia,J.)
1 issue framed by the court
Whether the bail condition restricting the applicant from entering specific municipal limits can be relaxed due to business disruption.
Anwar Abdul Raur Khan
State of Maharashtra
J.H.BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court