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2025 DAILYLAW 9233 (BOM)

SHAIKH KHALIL JALIL AHMED v. THE STATE OF MAHARASHTRA

APPLN/540/2025 · 2025-03-06

Shri Neeraj P Dhote, Shri R G Avachat

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

6-sr920.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 540 OF 2025 IN APPLN/2641/2017 IN CRI. APPEAL NO.217 OF 2017 Shaikh Khalil Jalil Ahmed VERSUS The State Of Maharashtra ---- Mr.Dhanraj Ingole, Advocate i/b. Mr.N.S.Ghanekar, Advocate for applicant Mr.N.S.Tekale, AGP for State ---- CORAM : R.G.AVACHAT AND NEERAJ P. DHOTE, JJ. DATE : MARCH 06, 2025 ORDER :- This is an application for relaxation of the condition imposed on the applicant by order dated 27.06.2017 passed in Criminal Application No.2641 of 2017 in Criminal Appeal No.217 of 2017. The condition sought to be relaxed reads thus:- “7[4][i]. Pending disposal of the appeal, applicant Nos.1 to 5 and 7 shall appear and record their appearance before the Police Inspector of Shivajinagar Police Station, Nanded on 4th Sunday in each month in between 05.00 to 8.00 p.m. 2. It is submitted by learned counsel for the applicant that the applicant is complying with the said condition for a period more than 2025:BHC-AUG:6824 2 6-sr920 six and half years. He submits that the condition may be relaxed. 3. The application is opposed by learned APP. He submits that he has instructions that the record of the earlier period is not available with the concerned police station and the available record shows that from the year 2020, the applicant is complying with the said condition. He submits that the condition may not be relaxed for securing presence of the applicant. 4. There is no case of the prosecution that the applicant has breached the said condition, misused his liberty and was involved in any other crime. We are, therefore, inclined to allow the application and relax the said condition. Hence, the application is allowed in terms of prayer clause (B). [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP