Sabirali Rajaram Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2236 OF 2022 Sabirali @ Rajaram Khan ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Ravi Dwivedi i/b M. J. Chetiwal for the Applicant. Mr. S.V. Gavand, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE, J.

DATED : 8th SEPTEMBER, 2022 P.C:- 1.

The learned APP has placed on record the report of the current status of the applicant dated 6/09/2022, indicating the current medical status of the applicant which reveal that at present he is stable and on medication prescribed by J.J. Hospital.

The counsel for the applicant has placed on record an order passed in case of co-accused Mohammad Zahir Khan alias Javed Khan alias Java Khan, who came to be released on bail by this court in Bail Application No.1776 of 2022, on 23/08/2022. 2.

On perusal of the said order, the learned APP Mr. Gavand fairly state that the applicant came to be attributed an identical role as co-accused, who was released on bail, and even he has not been identified in Test Identification parade by the Ashish Mhaske

2/2 50 BA 2236.22.doc complainant, though four other persons have been identified. Apart from this since there was discrepancy in the version of the prosecution as regard the bag which was snatched and robbed, the benefit of the order dated 23/08/2022 is also extended to the present applicant.

3.

Hence the following order:

: ORDER :

(a) Application is allowed.

(b) Applicant - Sabirali @ Rajaram Khan shall be released on bail in connection with C.R.No.1083 of 2021 registered with Kasturba Marg Police Statioin on furnishing P.R. Bond to the extent of Rs.30,000/- with one or two sureties in the like amount.

(c) 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. (d) The applicant shall make himself available as and when required by the Investigating Officer.

(e) The applicant shall, furnish his current address of residence and the contact number and keep intimating the Investigating Officer, in the event of any change. ( SMT. BHARATI DANGRE, J.) Ashish Mhaske