Full Judgement
Bombay High Court
Noor Mohammed Abdul Gaffoor vs State Of Maharashtra on 11 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:1845-DB
2 ia 4720 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4720 OF 2023
IN
APPEAL NO.542 OF 2004
Noor Mohammed Abdul Gafoor ... Applicant/Appellant
Versus
The State of Maharashtra ... Respondent
ALONGWITH
APPEAL NO.541 OF 2004
Mohammed Yasin Mohammed Akbar
Khan and Anr. ... Appellant
Versus
Senior Inspector of Police and Anr. ... Respondents
ALONGWITH
APPEAL NO.542 OF 2004
Noor Mohammed Abdul Gafoor ... Appellant
Versus
The State of Maharashtra ... Respondent
ALONGWITH
INTERIM APPLICATION NO.4720 OF 2023
IN
APPEAL NO.542 OF 2004
Rajeshri Aher 1/6
::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 07:53:44 :::
2 ia 4720 of 2023.doc
Noor Mohammed Abdul Gafoor ... Applicant/Appellant
Versus
The State of Maharashtra ... Respondent
ALONGWITH
APPEAL NO.654 OF 2004
Kasim Mohammed Abdul Kadar ... Appellant
Versus
The State of Maharashtra ... Respondent
......
Mr.Abdul Kader Milwala, Advocate for the Applicant.
Mrs.P.P. Shinde, APP for Respondent - State.
......
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 11th JANUARY 2024
P.C. :
By this Application, the Applicant seeks modification/
deletion of Clause (ii) in paragraph 4 of the order dated
22 October 2010. The condition of which modification/deletion
is sought reads thus:
Rajeshri Aher 2/6
::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 07:53:44 :::
2 ia 4720 of 2023.doc
"ii) The Applicant shall not enter District Mumbai while on bail except to attend pending criminal case against him, if any, only on the relevant dates."
2 Perused the Application. It appears that the applicant
was convicted by Judgment and order dated 13 January 2004, by
the Learned Additional Sessions Judge, Greater Mumbai, in
Sessions Case No.1195 of 1992, for the offences punishable
under Section 302 read with 34 of Indian Penal Code (IPC) and
was sentenced to suffer imprisonment for life. Against the said
Judgment and order of conviction and sentence, the applicant has
preferred the aforesaid Appeal. Along-with the Appeal, the
applicant had filed an Application, being Criminal Application
No.940 of 2010, praying therein for suspension of his sentence
and enlargement on bail, pending the hearing and final disposal
of the aforesaid Appeal.
3 This Court (Coram : A.M. Khanwilkar and P.D. Kode,
JJ.) vide the order dated 22 October 2010, suspended the
sentence and enlarged the Applicant on bail on certain terms and
Rajeshri Aher 3/6
::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 07:53:44 ::: 2 ia 4720 of 2023.doc
conditions. The terms and conditions stipulated in paragraph 4 of
the said order read thus:
"i) The Applicant shall furnish bail bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
ii) The Applicant shall not enter District Mumbai while on bail except to attend pending criminal case against him, if any, only on the relevant dates.
iii) The Applicant shall report to the nearest police station where he would ordinarily reside once in two weeks on first and third Monday of every English calendar month between 10.30 a.m. to 12.30 p.m. This condition will be relaxed if the criminal case coincides with first or third Monday, as the Applicant will be required to attend Court proceedings on those days.
iv) The Applicant shall furnish his latest address and also give 48 hours advance intimation in writing to the concerned police station, in the event he intends to travel outside the Mira Road Area and shall furnish his travel plan as well as contact numbers, if any.
v) The Applicant shall not indulge in any criminal activity during such time nor threaten the witnesses in the pending criminal cases during this period."
4 The condition of which modification/deletion is
Rajeshri Aher 4/6
::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 07:53:44 ::: 2 ia 4720 of 2023.doc
sought is Clause (ii), as stated above. Learned counsel for the
applicant states that post his release on bail, the applicant has not
entered Mumbai district, and, was residing at his native place at
Jalgaon, at the address mentioned in the cause title of the
Application. He further submits that the applicant has also been
regularly attending the concerned local police station, as directed.
To the said Application, is annexed/marked the police station
attendance diary of the recent dates. According to the learned
counsel for the applicant before the said condition was imposed,
the applicant was residing with his family at Baniya Chawl No.28,
Room No.10/2, Dadabhai Cross Road No.1, Andheri (West),
Mumbai 400 058.
5 It is submitted that the applicant has a wife and three
children, who are living in Mumbai. It is also submitted that the
applicant is suffering from several ailments, and, as such, he
wants to stay with his family and see the Doctors in Mumbai, for
his ailments. Accepting the statement of the learned counsel for
the applicant that post the grant of bail to him, he has not
Rajeshri Aher 5/6
::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 07:53:44 ::: 2 ia 4720 of 2023.doc
committed any offence, we allow the Application, and, as such
delete the condition imposed by this Court vide order dated 22
October 2010 i.e. Clause No.ii.
6 Accordingly the applicant is permitted to enter
Mumbai city. The applicant shall now report to the nearest police
station where he intends to reside, once in a month i.e. first
Saturday of every month between 10:30 a.m. to 12:30 p.m. If the
date coincides with the Court date, the applicant shall attend the
concerned Police Station on the following Saturday.
7 Accordingly, the Application is allowed in the
aforesaid terms and is disposed of.
8 All concerned to act on the authenticated copy of
this order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
Rajeshri Aher 6/6
::: Uploaded on - 16/01/2024 ::: Downloaded on - 30/01/2024 07:53:44 :::
