Aayam @ Ahatur Hasnur Khan v. State Of Maharashtra

1/2 68 BA 1753-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1753 OF 2022 Aayam @ Ahatur Hasnur Khan ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. A.I. Nizami with Abdul Wahab Shaikh i/b Umar Kazi for the applicant.

Ms. A.A.Takalkar, APP for the State.

PSI Nana S. Landge from Khadakpada police station present. CORAM: BHARATI DANGRE, J.

DATED : 30th SEPTEMBER, 2022 P.C:- 1.

The counsel for the applicant emphatically lay his hands on the order passed by this court in case of co-accused Jayesh Ankush and Lakshmi, and in case of Lakshmi Madduru in criminal ABA No. 310 of 2022.

Considering that Lakshmi, who had main role to play, was released on bail in the event of her arrest, though, being identified in the Test Identification parade, as the prosecution was not sure, whether she was the one amongst the 5 persons, who had mounted assault. I have extended parity to Jayesh Ankush.

I see no reason why the said observations cannot be made Ashish Mhaske

2/2 68 BA 1753-22.doc applicable to the present applicant, though he has also been identified in the Test Identification Parade. Hence the following order:

: ORDER :

(a) Application is allowed.

(b) Applicant - Aayam @ Ahatur Hasnur Khan shall be released on bail in connection with C.R.No. 308/2021 registered with Khadakpada Police Station on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount.

The applicant shall be released on cash bail of Rs. 25,000/- in lieu of sureties for a period of four weeks. During the said period, the applicant shall arrange for the sureties.

(c) The applicant shall attend the trial on regular basis.

(d) 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. (e) 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.

The Application is allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.) Ashish Mhaske