IN THE COURT SESSION COURT AT DINDOSHI
BORIVALI DIVISION
MISC APPLICATION NO. OF 2023
IN
BAIL APPLICATION NO. 2728 OF 2017
DISTRICT: MUMBAI
IN THE MATTER OF ANTICIPATORY
BAIL UNDER SECTION 438 OF Cr. P. C.
AND
In the matter of cancellation and relaxation
of conditions in bail application No. ______
of 2017.
_____________________ )
Mumbai400058. )….Applicant
Versus
THE STATE OF MAHARASHTRA )
(At the instance of Andheri Police )
Station, Mumbai) )…RESPONDENT
TO,
THE HON’BLE THE CHIEF JUSTICE AND
OTHER PUSINE JUDGES OF THE HON’BLE
HIGH COURT OF JUDICATURE AT BOMBAY.
APPLICATION FOR CANCELLSATION
AND RELAXATION OF BAIL
CONDITION OF ATTENDANCE OF THE
ABOVENAMED APPLICANT :
MOST RESPECTFULLY SHEWETH:-
1. The Applicant is law abiding citizen of India and he is residing at the
address mentioned in the title of the application. The applicant is the
permanent resident of Mumbai and earning his livelihood with legal
means. The respondent is the State of Maharashtra vide Andheri
Police Station, Mumbai.
2. That the applicant was enlarged bail from this Hon’ble Court on
30/10/2018 on certain conditions therein, in connection of FIR No.
___________ under section _______________ of Indian Penal Code
with Section ____________of Maharashtra Ownership Flats Act.
Hereto annexed and marked as Exhibit “A” is the copy of order
passed by this Hon’ble Court on dated __________. The Applicant
craves leave to refer to rely upon copy of Bail Application No.
_________ of 2017 filed by the applicant in the matter as and when
produced.
3. The applicant states that as there was arrested Andheri Police Station
in said offence and enlarge bail by this Hon’ble High Court, Bombay
in FIR No. _____ under section ______________ of Indian Penal
Code with Section __________ of Maharashtra Ownership Flats Act.
4. That this Hon’ble Court had pleased to granted and allowed the bail
application vide No. ___________ and thereby released the accused
by furnishing the bail bond of Rs.30,000/- with one or two solvent
sureties in the like amounts. In which there was Condition No. 4 (iii)
i.e. that the applicant shall report to the concerned police station
on the first Monday of Every month until further order”, to the
concerned police station i.e. Andheri Police Station. And further the
applicant complied the said order passed by the Hon’ble court till date
and attending the said concerned police station Andheri police station
after released i.e. November, 2018. The applicant states that “The
applicant shall attended the Andheri Police Station and co-operate the
Investigation Officer on first Monday of every month and shall make
himself available for interrogation by a police officer”.
5. That the applicant states that chargesheet filed in this case and CC No.
_______________ is pending LD. 65th Metropolitan Magistrate Court
at Andheri Mumbai and the applicant is attending the said dates
without fails.
6. The applicant says and submits that the applicant is 69 years old and
suffers from old ages ailments and other old age disease. That the
applicant craves leave to refer to rely upon the medical paper as and
when produced.
7. That the Applicant has obeyed and abided himself to the order of the
Court and has never violated the same. The Applicant has always co-
operated with the Investigating Agency and chargesheet is filed in the
matter. That the Applicant is always willing and ready to make
himself available to the Investigating Agency, on first money of every
month. Hereto annexed and marked as Exhibit “B” is the copy of
diary showing the entry of visits and attendance of the Andheri Station
police station, Mumbai.
8. On such circumstances, the applicant is facing hardship and difficulty
to attend the police station on first money of every month, and the
applicant had already attended the same and complied the order
passed by this Hon’ble Court. Therefore the applicant prays that the
conditions No.4 (iii) in the said order dated 30/11/2018 may be relax
for interest of justice.
9. The Applicant says and submits that if the reliefs as prayed for are not
granted, the Applicant shall suffer grave irreparable loss, harm and
injury. Even the balance of convenience tilts in favor of the Applicant.
10. That no other Miscellaneous application is pending as on today
either before this Hon’ble court or before any other court touching the
subject matter of this application.
11. The Applicant craves leave to add, alter or amend the grounds of this
application, if necessary, with permission of this Hon’ble Court.
12. THEREFORE THE APPLICANT PRAYS THAT :
(a) That the condition of attendance of the applicant to the
Andheri Police Station i.e. 4(iii). “that the applicant shall
report to the concerned police station on the first Monday of
Every month until further order” as imposed in Bail Order
dated 30/10/2018 in Application No 2728 of 2017 may be
waived and relaxed as this Hon’ble Court may deem fit and
proper;
(b) Any such other order as may deem fit and proper looking
into the facts of the case in favaour.
AND FOR, THIS ACT OF KINDNESS, THE APPLICANT AS
IN DUTY BOUND SHALL EVER PRAY :-
Place : Mumbai:
Date : June, 2023
Advocate for the Applicant Applicant
VERIFICATION
I, ______________, Aged about 69 years, Occ:- Business An adult,
Indian Inhabitant of Mumbai Residing at Residing at Flat
No.________________________, do hereby on solemn affirmation that
whatever is stated in the foregoing paras are true and correct of my best
knowledge and belief.
Solemnly affirmed at Mumbai )
This June, 2023 )
Before me
Identified and explained by me,
Shri. Hasanuddin S. Ansari
ADVOCATE FOR THE APPLICANT
IN THE COURT SESSION COURT AT DINDOSHI
BORIVALI DIVISION
Misc APPLICATION NO. OF 2023
IN
BAIL APPLICATION NO. _____ OF 2017
DISTRICT: MUMBAI
____________ )….Applicant
Versus
THE STATE OF MAHARASHTRA )…RESPONDENT
I N D E X
S. NO. PARTICULARS PAGE NO.
1. Synopsis 2-3
2. Memo of Interim Application 4-10
3. Exhibit-A: is copy of order dated 11-13
30/10/2018
4. Exhibit-B: is the copy of Attendance 14-35
diary.
5. Vakalatnama 36
6. Last page 37
DATE : /06/2023
Place : Mumbai
Advocate for applicant
I am / we are not members of the welfare fund. There for Stamp of Rs. 2/- is / are / not affixed hers with N.B.: -
Strike out which is not applicable
Advocate Signature
IN THE COURT SESSION COURT AT DINDOSHI
BORIVALI DIVISION
MISC APPLICATION NO. OF 2023
IN
BAIL APPLICATION NO. ________ OF 2017
DISTRICT: MUMBAI
______________ )….Applicant
Versus
THE STATE OF MAHARASHTRA )
(At the instance of Andheri Police )
Station Mumbai) )…RESPONDENT
To,
The Registrar,
High Court at Bombay
VAKALATNAMA
I, ______________, the above named Applicant, hereby appoint Shri.
Samasuddin S. Ansari, Advocate High Court, Bombay, to act, appear
and plead for me in the above matter.
In witness where of I/We have set my / our hand/s to this writing.
On this day of June, 2023.
Accepted:
Mr. Samasuddin S. Ansari, Applicant
Advocate, for Applicant
Office: Office No.4, Laxmi Niwas,
Opp. Hotel Elegance, Aarey Road,
Goregaon East, Mumbai 400 063
IN THE COURT SESSION COURT AT
DINDOSHI
BORIVALI DIVISION
MISC APPLICATION NO. OF
2023
IN
BAIL APPLICATION NO. ___ OF
2017
DISTRICT: MUMBAI
______ )….Applicant
Versus
THE STATE OF MAHARASHTRA
)…RESPONDENT
MEMO OF INTERIM APPLICATION
On this day of June, 2023
Samasuddin S. Ansari,
Advocate, for Applicant
Office: Office No.4, Laxmi Niwas,
Opp. Hotel Elegance, Aarey Road,
Goregaon East, Mumbai 400 063
SAMASUDDIN S. ANSARI
BLS, LL.B.
ADVOCATE HIGH COURT
Office No. 4, Laxmi Niwas Building, Above Hariom Medical, Opp. Hotel Elegance, Aarey Road,
Goregaon (East), Mumbai 400 063. Mo. 8451086424. Email : hasanlegal@[Link] Date : __/06/2023
BY HAND DELIVERY/[Link]
To,
The Sr. Inspector of Police,
Andheri Police Station,
Andheri (East), Mumbai
Ref.: IN THE COURT SESSION COURT AT DINDOSHI
BORIVALI DIVISION
MISC APPLICATION NO. OF 2023
IN
BAIL APPLICATION NO. OF 2017
DISTRICT: MUMBAI
___________ )….Applicant
Versus
THE STATE OF MAHARASHTRA )…RESPONDENT
Sir,
I am concerned to my clients the abvoenamed applicant.
Take notice that the above said matter is placed before the his lordship
justice Shri/Mrs. ____________________, presiding at Court Room No. ____,
on ____/06/2023, at 11.00 am. Kindly remain present with your say if you so
desire.
Hereto annexing a true copy of Misc. application by the way of service
upon you.
Thanking you,
Yours faithfully
(Advocate)
