-: 1 :- crim-489/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 486 OF 2010 IN CRIMINAL APPEAL NO. 137 OF 2008 Ismail Raju Ajmeri @ Isala. ..Applicant. Versus Union of India & Anr. ..Respondents. Ms. Nilofar Saiyed for the applicant. Ms. P. H. Kantharia, Addl. PP for respondent no.1. Ms. A. A. Mane, APP for Respondent no.2. Coram : R. V. MORE, J. Date : July 23, 2010. P. C. : 1. Heard. This application is filed for relaxation of conditions imposed on the applicant by order dated 10th April 2008 in Criminal Application No. 228 of 2008 and subsequently modified by the order dated 2nd December 2008 and 6th February 2009 passed in Criminal Application No. 1196 of 2008 and Criminal Application No. 81 of 2009 respectively. 2. By the order dated 10th April 2008 passed in Criminal Application No. 228 of 2008, the applicant was released on bail during the pendency of above appeal on condition that he will report to NCB twice a month on 1st and 15th day of every English calender month and he shall not srp -: 2 :- crim-489/10 travel outside the Districts of Greater Mumbai and Thane, without written permission of this Court. This order was modified by the order dated 2nd December 2008 passed in Criminal Application No. 1196 of 2008 and applicant was directed to report in the Office of NCB, Mumbai once in a month, on 1st Monday of every English calender month with additional condition that he will stay at Mandsaur in Madhya Pradesh and report to NCB, Indore on successive Mondays (except first Monday of the English calender month). By the order dated 6th February 2009 passed in Criminal Application No.81 of 2009, the condition requiring the applicant to report at NCB, Indore is relaxed. Thus, as on today only condition the applicant is required to comply with is to report NCB, Mumbai on first Monday of every English calender month. 3. It is submitted by learned counsel for the applicant that the applicant is an agriculturist, residing at Mandsaur, M.P.. The distance between Mandsaur and Mumbai is about 650 k.m.. and in order to report to NCB, Mumbai, applicant has to spend 3/4 days in traveling. The application is opposed by Ms. Kantharia, learned Addl. PP for the Union of India on the ground that the applicant is convicted under the NDPS Act and already twice relaxation is granted. 4. The fact that the applicant is an agriculturist is not disputed. The distance between Mandsaur and Mumbai is not disputed. The applicant -: 3 :- crim-489/10 till date has attended the NCB Office at Mumbai regularly, as per the afore-stated orders. Applicant has to spend substantial amount of time to report at NCB, Mumbai. Taking overall view of the matter, I am of the view that ends of justice will be met if the applicant is directed to report NCB, Mumbai once in two months. Accordingly, this application is disposed of by passing following order. (a) The applicant shall report to the NCB office at Mumbai once in two months, namely, on 2nd Monday of every alternate English calender month from August 2010. The orders dated dated 10th April 2008, 2nd December 2008 and 6th February 2009 are modified to that extent only. (b) The applicant shall furnish an undertaking to this Court, within the period of eight weeks from today, that he will remain present at the time of final hearing hearing of above appeal (c) It is clarified that the above relaxation is given taking into consideration the peculiar facts and circumstances of the present case and same shall not be basis for giving relaxation to any other accused. (R.V. MORE, J.)