Mubin Roshan Khan v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1218 OF 2020 Mubin Roshan Khan ... Applicant

Versus

1. The State of Maharashtra & Anr.

... Respondents .....

Ms. Farhana Khan, for the Applicant.

Ms. Veera Shinde, APP for the Respondent - State. Mr. Arun K. Rajput, for Original Complainant. Mr. Sopan Rakhonde, P.S.I., Koparkhairane Police Station, Navi Mumbai, present.

.....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

22nd MARCH, 2021 PC :

.

This is an application for bail in C.R.No.I-113/2020 registered with Koparkhairane Police Station, Navi Mumbai, Dist. Thane, for offence punishable under Section 307 of Indian Penal Code. 2.

The applicant was arrested on 27th March 2020. The case of the prosecution is that, the applicant had assaulted the complainant with knife.

3.

Learned Counsel for the applicant submitted that the Digitally signed by RajeP. Aher Date:

2021.03.24 11:54:51 +0530 RajeP.

Aher complainant and the accused are known to each other. The

complainant is present in the Court. He is represented by Advocate. 4.

Learned Counsel for the complainant Mr. Arun K. Rajput has tendered Affidavit on behalf of the complainant. The complainant has no objection for granting bail.

5.

The applicant is in custody from 27th March 2020. Investigation is completed and chargesheet was filed. The Affidavit filed by the complainant is taken on record.

6.

Considering the factual aspects, bail can be granted to the applicant on stringent conditions.

7. Hence, the following order.

O R D E R

(i) Bail Application No.1218 of 2020 is allowed;

(ii) The applicant is directed to be released on bail in C.R.No.I-113/2020 registered with Koparkhairane Police Station, Navi Mumbai, Dist. Thane, on executing P. R. Bond in the sum of Rs.25000/- with one or more sureties in the like amount;

(iii) The applicant shall report concerned police

station once in a month on first Saturday of month between 11.00 a.m. to 01.00 p.m. for a period of six months and thereafter, once in three months on first Saturday of the month between 11.00 a.m. to 01.00 p.m. till further order;

(iv) The applicant shall not tamper with the evidence and shall not cause any harm to the injured/complainant or any other witness;

(v) In the event, a breach of the conditions of bail, the prosecution and the complainant would be at liberty to prefer an application for cancellation of bail;

(vi) The applicant is permitted to furnish provisional Cash Bail Security in the sum of Rs.25,000/- for a period of eight weeks;

(vii) Bail Application No.1218 of 2020 stands disposed of accordingly.

(PRAKASH D. NAIK, J.)