Farheen Prince Singh v. The State Of Maharashtra
2023:BHC-AS:39343
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1873 OF 2023 FARHEEN PRINCE SINGH ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Amin Solkar a/w Ms. Sumaiya Khan, for the Applicant. Mr. P. H. Gaikwad, APP for the State.
API- Mr. S.J. Patil, Manpada police station present. CORAM : M. S. KARNIK, J.
DATE : DECEMBER 22, 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 363, 364-A, 385 of the Indian Penal Code (hereafter 'IPC' for short) registered on 9/11/2022 vide C.R. No.854/2022 with Manpada Police Station, Thane City.
3.
The applicant is the accused no.4. The applicant was arrested on 13/11/2022.
4.
The role of the present applicant is similar to the coaccused- Nagiya Farhadsa Rafic who has been enlarged on 1/4
bail by this Court vide order dated 21/12/2023 passed in Bail Application No. 2862 of 2023. For convenience, the relevant portion of the said order is reproduced which reads thus : "2. This is an application for bail in respect of the offence punishable under Sections 363, 364-A, 385 of the Indian Penal Code (hereafter 'IPC' for short) registered on 9/11/2022 vide C.R. No.854/2022 with Manpada Police Station, Thane City.
3. The date of the incident is 9/11/2022. It is alleged that the accused nos.1 and 2 have abducted the child who was in 7th standard. The applicant is the accused no.3. The abduction was by the accused no.1 and 2. The applicant was present in the house where the child was kept overnight. A call for ransom was made by the accused nos.1 and 2 to the child's father.
4. I have carefully perused the statement of the child witness which is at page 292 of the paperbook.
5. Learned APP opposed the application for bail.
6. The applicant is a woman. The allegations are mainly against other accused. In the facts and circumstances of the case and considering the role of the applicant, I am inclined to enlarge the applicant on bail. There are no criminal antecedents reported against the applicant. The applicant was arrested on 13/11/2022 and now is in custody for more than one year and one month with no possibility of the trial concluding any time soon. The investigation is complete. The charge-sheet has been filed. The applicant does not appear to be a flight risk."
5.
Learned APP opposed the application for bail. However, I find that the applicant is at bar with co-accused 2/4
Nigiya Farhadsa Rafic who has been enlarged on bail. I am inclined to enlarge the applicant on bail. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Farheen Prince Singh in connection with C.R. No.854/2022 registered with Manpada Police Station, Thane City, shall be released on bail on his furnishing P.R. Bond of Rs.15,000/- with one or more local sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs.15,000/- for a period of 6 weeks in lieu of surety.
(d) The applicant shall attend the Investigating OfÏcer of Manpada Police Station, Thane City, once in three months on first Saturday of the month between 11:00 a.m. to 1:00, till further orders of the trial Court. (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 OfÏcer. The applicant shall not tamper with evidence. 3/4
(f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.
(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
(h) The applicant shall surrender his passport, if any, to the investigating ofÏcer.
6. The application is disposed of.
(M. S. KARNIK, J.) 4/4