/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1277 OF 2008 IN APPEAL NO. 79 OF 2003 Yasin Amin Shaikh ...Applicant Vs. The State of Maharashtra ...Respondent --- Shri Ayaz Khan & Nilofar Saiyed for Applicant Mrs. M.H. Mhatre for APP ---- CORAM: V.M. KANADE J. DATED 21ST NOVEMBER,2008 P.C. 1. Heard the Learned Counsel appearing on behalf of the Applicant. 2. This is an application for relaxation of condition imposed by this Court. The Applicant was released on bail by an order passed by this Court on 10th December, 2003 and while granting bail, this Court was pleased to impose a condition that the Applicant shall not leave the jurisdiction of this Court without seeking leave and permission of this Court. 3. The Applicant has now filed his application, stating therein that he would be permitted to travel Saudi Arabia for Huj pilgrimage from week commencing on 24th November, 2008 for a period of seven weeks. It is submitted that the Applicant's mother's wishes to go for the pilgrimage and being the male member of the family and he being the only son, he may be / 2 / permitted to accompany them for pilgrimage. 4. The learned APP for the State has vehemently opposed the said application. A report has been submitted by the Learned APP. In the said report, it is mentioned that the Applicant has one other step-brother, who is 35 years' old and that the Applicant wants to send his mother and step-mother along with the said son. It is submitted that the fact, that the Applicant has two step-brothers, has been suppressed by the Applicant in this application. It is further submitted that the Applicant is likely to abscond, if he is allowed to travel abroad. 5. In my view, since the Applicant has suppressed the fact that he had other two step-brothers in the application, and this fact was found out after the investigation was made by the Investigating Officer that is a circumstance which will go againt the Applicant. The Applicant has been convicted for a very serious offence under the MCOC Act. There is every possibility that the Applicant may abscond, if he is permitted to travel abroad. Under these circumstances, the application for relaxation of condition is rejected. V.M. KANADE J.