Mohd Javed Mohd Aslam Khan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL BAIL APPLICATION NO.32 OF 2015 Mohd Javed Mohd Islam Khan ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. R.V. Gupta for the Applicant.

Mr. S.H. Yadav, APP, for the Respondent State. Mr. D.R. Ganore, P.I., Khar Police Station, present. CORAM: P.D. KODE, J.

DATED: JANUARY 15, 2015.

P.C:

1.

The prayer for bail made by accused No.1 in charge-sheet submitted by Meghwadi Police Station against the Applicant and other four accused for, in furtherance of common object of an unlawful assembly, for committing offences under sections 307, 141,142, 143, 144, 145, 146, 147, 148 and 149 r/w section 120 B of the IPC r/w sections 4 and 25 of the Arms Act is vehemently objected by learned APP on the ground of involvement of the Applicant in commission of such offences being borne from statement of the first informant/victim who was an informant of the police, and from the material in statement of another eye-witness. It is submitted that the manner in which the Applicant alongwith his associates has dared to assault the victim on the Megha 1 of 3

count of having given information to the police regarding commission of a crime by one of the co-accused, denotes that there is every likelihood of the Applicant committing further offences if released on bail. It is submitted that investigation is complete and injured is reported to be discharged from hospital.

2.

Even though the learned APP has objected the prayer for bail for the reasons narrated herein above, still having regard to the fact that the offences for which the Applicant is charge-sheeted are not exclusively punishable with death or imprisonment for life and since the investigation is complete and the apprehension expressed by the learned APP can be taken care of by imposing strict conditions and the time which would be required for completion of the Applicant's trial, discretion deserves to be exercised in favour of grant of bail. 3.

Resultantly, the application is allowed. The Applicant is directed to be released on bail in C.R.No.141 of 2014 of Meghwadi Police Station, District-Mumbai on furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one or more sureties to make up like amount and subject to conditions that after his release the applicant shall (i) not enter the area of Greater Bombay except for attending the dates fixed in the case against him and even on said date the Applicant shall not enter the area under the jurisdiction of the Megha 2 of 3

Meghwadi Police Station for any reason; (ii) inform his place of abode to the I.O. and shall not change the same without prior permission of the Trial Court iii) attend the local police station for the said area on every Monday in between 4:00 p.m. to 6:00 p.m. until further order; (iii) not indulge in activity of tampering, threatening, coercing, intimidating or pressurizing the prosecution witnesses in any manner; and (iv) not misuse the bail granted vide this order for fleeing away or for committing any further offence.

4.

The application accordingly stands disposed of. (P.D. KODE, J.) Megha 3 of 3