KBP 1 cr.appln.694-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO.694 OF 2011 IN CRIMINAL APPLICATION NO.1404 OF 2010 IN CRIMINAL APPEAL NO.654 OF 2004 Kasim Mohammed Abdul Kadar ..Applicant Vs The State of Maharashtra ..Respondent -- Mr.Abdul Kadar Millwala, for applicant. Ms.M.H.Mhatre, APP for respondent State. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 9 th DECEMBER, 2011 P.C.: This application is filed for modification of the condition specified in order dated 21 st December, 2010 against the applicant to the effect that the applicant shall not enter District Mumbai while on bail except to attend the pending criminal case against him, if any, only on the relevant dates. KBP 2 cr.appln.694-11.odt 2] According to the applicant, he has old aged mother and there is no other family member who can take care of her. This plea of the applicant has been inquired into by the local police. The Assistant Police Inspector, in his affidavit in paragraphs 7 and 8, has stated that, besides the applicant, there are other five brothers who are capable of taking care of the applicant’s mother. In other words, the applicant has approached this Court with a false plea to his knowledge. This itself is a good ground for rejecting the present application. Besides, if the request of the applicant is to be accepted, the co-accused would also come forward for relaxing the said condition. The applicant has been granted bail on parity along with co-accused. In our opinion, this is not a case for relaxing the condition merely because the applicant is finding it difficult to adjust himself outside the District Mumbai. That was the sole criteria for granting him bail to secure that no untoward situation would take place. 3] Accordingly, application is rejected. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]