Waseem Salim Khan v. The State Of Maharashtra

2023:BHC-AS:36822

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1340 OF 2023 WASEEM SALIM KHAN ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Glady Pereira for the applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 8, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 352 and 506(2) of the Indian Penal Code (hereafter 'IPC' for short) registered on 09.05.2022 vide C.R. No.I-430 of 2022 with Mumbra Police Station.

3.

The date of the incident is 09.05.2022. The applicant was arrested on 30.11.2022. It is alleged that the applicant wanted importance and was projecting himself as the bhai of the area. There was a quarrel between the applicant and 1/4

the victim. It is alleged that the applicant stabbed the victim with the knife. There was a previous antecedent recorded against the applicant under Section 307 of the IPC. However, there are cross complaints. After the complaint came to be registered by the applicant's sister against the victim, the victim also had then registered the complaint against the applicant on the previous occasion. This antecedent is of the year 2020.

4.

Learned APP opposed the application for bail. 5.

I have perused the injury certificate. No doubt the injury is serious. The applicant is in custody for more than one year. The investigation is complete and the chargesheet has been filed. The trial is likely to take a long time to conclude. In the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail by imposing stringent conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Waseem Salim Khan in connection with C.R. No.I-430 of 2022 registered with Mumbra 2/4

Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs.25,000/- for a period of 6 weeks in lieu of surety.

(d) The applicant shall attend the Investigating Officer of Mumbra Police Station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(g) Except for the purpose of reporting to the Investigating Ofcer, the applicant shall not enter the area of Mumbra after being released on bail, till further orders of the trial Court.

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(h) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4