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Bombay High CourtAPPA/1023/2015others disposed off

Gous Modin @ Shafi Ibrahim Badebade v. The State Of Maharashtra

2015-12-23Hon'Ble Shri Justice A.M. Thipsay3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL APPLICATION NO.1023 OF 2015 IN CRIMINAL APPEAL NO.992 OF 2009 GousModin @ Shafi Ibrahim Badebade ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Ranjit Patil i/b. Mr.K.S.Patil, Advocate for the Applicant. Mr.Arfan Sait, APP for the Respondent/State.

....

CORAM :

ABHAY M. THIPSAY J.

DATED :

23RD DECEMBER 2015 P.C.

1.

Heard the learned counsel for the applicant. Heard the learned APP for the Respondent/State. The applicant claims to be residing at Hubli. He has been asked to report Hubli Police Station once in a month i.e. on first Monday of each calender month. 2.

Though the claim in the application that the applicant would suffer 'heavy and irreparable loss, harm and injury which would not be compensated in terms of money', if he is required to continue to report to the police station, I do not find any substance in such an averment. In spite of repeatedly asking the learned 1/3

counsel for the applicant, as to what would be the difficulty for the applicant in reporting Hubli Police Station, if he is indeed a resident of Hubli, the learned counsel for the applicant is unable to give any explanation.

3.

Simply because the applicant has been attending Hubli Police Station in the State of Karnataka every month for a considerable period, the said condition cannot, automatically, be cancelled. Instead, the applicant may take steps to have the appeal expeditiously decided.

4.

With these observations, the application is rejected. 5.

Hearing of the appeal is ordered to be expedited. (ABHAY M. THIPSAY J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.

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