Application to modify bail condition restricting applicant's movement to the NIA Court jurisdiction. Court noted upcoming evidence recording and rejected prayer to allow residency in Parbhani.
Prayer to modify bail condition to permit applicant to leave Bombay was not allowed.
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Digitally signed by BHAGYAWANT BHAGYAWANT TATYARAO TATYARAO PUNDE PUNDE Date: 2021.09.29 IN THE HIGH COURT OF JUDICATURE AT BOMBAY 15:31:56 +0530 CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2131 OF 2021 IN
CRIMINAL APPEAL NO. 355 OF 2021
Iqbal Ahmed Kabir Ahmed ...Applicant Versus The State of Maharashtra ...Respondent
Ms. Kritika Agarwal i/by. Mr. M.S. Shaikh for applicant. Smt. A.S. Pai, Special counsel for NIA. Mr. J.P. Yagnik, APP for State.
DATE : 27th SEPTEMBER, 2021.
P.C.:
prayer:-
a. Condition vi (b) of the order dated 13.08.2021 passed by the Hon’ble Court in Criminal Appeal No. 355 of 2021 may be modifed and relaxed to the effect that the Applicant may be allowed to leave Gr. Bombay. He will, however, remain within the jurisdiction of the NIA Courttill the trial is concluded and shall not leave the area without priorpermission of the NIA Court.
2. Learned counsel appearing for the applicant submits
that it is diffcult for the applicant to stay within the jurisdiction of
NIA Court, as the applicant is a resident of Parbhani, and therefore,
Bhagyawant Punde
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condition no. vi (b) imposed while releasing the applicant on bail vide order dated 13.08.2021 passed in Criminal Appeal No. 355 of 2021, may be recalled/cancelled.
counsel for respondent-NIA that the concerned Court is scheduled to commence recording of evidence from 11th October, 2021, we are
Bhagyawant Punde
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unable to persuade ourselves accede to the prayer of applicant.
Hence, the application stands rejected.
( N. J. JAMADAR, J.)
Bhagyawant Punde
2 issues framed by the court
Whether the condition restricting the applicant to the jurisdiction of the NIA Court should be modified to allow him to leave Bombay.
Whether the applicant, a resident of Parbhani, should be permitted freedom of movement pending the conclusion of the trial.
Colour shows how this judgement treated each authority
Saheen Welfare Association Vs. Union of IndiaReferred¶22
Saheen Welfare Association Vs. Union of India, (1996 SCC (2) 61) · Who else cites this
Iqbal Ahmed Kabir Ahmed
The State of Maharashtra
N. J. JAMADAR
S. S. SHINDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
