After a gap of nearly 14 years, a man would finally enter Mumbai. This comes after the Bombay High Court allowed him to enter Mumbai and Thane cities by relaxing a 2006 order. The HC allowed him to enter the city after noting that he is driving Ola cabs now.
A bench of Justice Nizamoodin Jamadar allowed an application filed by one Raghu More (changed name), convicted for culpable homicide not amounting to murder.
More was convicted by a sessions court in March 2006 and was ordered to be in prison for 10 continuous years. However, he challenged the conviction and the HC in 2006 while suspending his punishment till the time his appeal is heard and decided, granted him bail.
In its orders passed in 2006, the HC while granting bail had put certain restrictions on More. The HC had ordered him to stay away from Mumbai city and suburbs and also the neighboring Thane district. The HC had also asked him to mark his attendance at a police station, in the locality that he would live in for the time period.
Now, More claims to be earning his livelihood by driving Ola cabs and thus, he ought to enter the cities such as Mumbai and Thane.
Accordingly, More petitioned the bench of Justice Jamadar seeking relaxation of the said condition.
Justice Jamadar noted the contention of More that he has abided by the conditions and that "he now being a Ola cab driver, the condition not to enter the limits of Mumbai, Mumbai Suburban and Thane District operates as a hurdle in earning his livelihood."
"Indisputably, considerable time has elapsed since the order of October 2006. In the changed scenario, the condition not to enter the Mumbai and Thane district may operate as a serious impediment in pursuing avocation for livelihood, especially when where he claims to be driving Ola cab," Justice Jamadar noted.
The judge further noted that the co-accused in the case has already got a benefit of the condition being relaxed.
"The antecedents of the applicant (More) are also not such as to dissuade this Court from exercising the discretion in his favour. Thus, having regard to the time elapsed from the date of the order imposing the conditions and the change in the circumstances, I am inclined to allow the application," Justice Jamadar said.
The judge, accordingly ordered More to enter Mumbai but with a condition that he should not enter Pant Nagar, Ghatkopar area, where the offence took place.
