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Bombay High CourtAPEAL/572/2015appeal allowedreversed

Salman Salim Khan v. The State Of Maharashtra

2015-12-10Hon'Ble Shri Justice A.R. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 572 of 2015.

Salman Salim Khan, Age 49 years, Occup-Actor, 111A, Galaxy Apartments, B.J. Road, Bandstand, Bandra (West), Mumbai-400 050 ] ] ..APPELLANT.

(Orig. Accused) Versus.

The State of Maharashtra ] RESPONDENT.

Through:Senior Police Inspector, Bandra Police Station, Hill Road, Bandra (West), Mumbai 400-050.

Mr. Amit Desai, Senior Advocate with Mr.Shrikant Shivade with Mr.Niranjan Mundargi with Mr.Anand Desai with Mr.Nirav Shah with Ms.Chandrima Mitra with Mr.Manhar S.Saini, Advocate for the Appellant. Mr.S.S.Shinde, Public Prosecutor Mrs P.H. Kantharia, APP with Mr.Deepak Thakre, APP for the Respondent. CORAM : A.R.JOSHI, J JUDGMENT PRONOUNCED ON:

10/12/2015.

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For the reasons separately recorded in the judgment and order the following operative order is passed: ORDER :

1) Criminal Appeal No. 572 of 2015 preferred by appellant Salman Salim Khan is allowed;

2) The impugned judgment and order dated 6th May, 2015 passed in Sessions Case No. 240 of 2013 is hereby quashed and set aside;

3) The appellant-accused Salman Salim Khan is acquitted of all the charges. The bail bonds of the accused shall stand cancelled;

4) If the fine amounts which are imposed in view of the impugned judgment and order, are already paid, the same shall be refunded back to him.

5) In view of the provisions of Section 437-A of Cr.P.C., the appellant shall execute a P.R. bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) 2/3

with one or two sureties in the like amount;

6) On the request on behalf of the appellantaccused provisionally a cash security of Rs.25,000/- (Rupees Twenty Five Thousand only), shall be accepted by the office for a period of two weeks and within this time the surety procedure shall be completed. The bail procedure be complied before the office of this Court. 7) As the bail bonds of the appellant-accused stand cancelled, which were given at the time of admission of the appeal, Bandra Police Station is directed to hand over the Passport of the appellant to him on proper identification.

8) Appeal is disposed of accordingly.

(A.R. JOSHI,J) 3/3