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Bombay High CourtBA/3599/2021disposed off

Rza Subhan Khan v. The State Of Maharashtra

2021-10-26Hon'Ble Shri Justice Nitin W. Sambre3 pages

by IRESH SIDDHARAM MASHAL Date: 2021.10.27 10:23:04 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3599 OF 2021 RAZA SUBHAN KHAN ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Rajiv Patil Senior advocate i/b Sufiyan Qureshi a/w Kiran Verma a/w Saurabh Raut for the Applicant Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

26th OCTOBER, 2021.

P.C.:

1] Applicant is seeking regular bail in C.R. No. 559/2021 registered with Kurla Police Station for offence punishable under Sections 307, 325, 297 of the Indian Penal Code. 2] Case of the prosecution against the applicant is, that applicant by intentionally driving in rash and negligent manner, attempted to murder the complainant and his friends.

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3] The submissions of learned counsel for the petitioner are, custodial interrogation of the applicant is already over and that being so, applicant's further detention is not required. It is also brought to my notice that there is counter offence arising out of this very same incident in which complainant's side is arrayed as an accused. 4] In response to the Court's query, learned APP informs that victims have suffered simple injuries.

5] It is informed by the applicant that there are no criminal antecedents. As further custodial interrogation of the applicant is not required, the injuries suffered by the victim are simple in nature, that being so, in my opinion, case for grant of bail is made out. Hence, following order:

(i) Applicant be released on bail in C.R. No. 559/2021 registered with Kurla Police Station for offence punishable under Sections 307, 325, 297 of the Indian Penal Code upon furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. 2/3

(ii) Applicant shall neither influence witnesses in any manner nor tamper with evidence.

(iii) In case if, applicant found involved in similar type of offence, liberty to move for cancellation before this Court.

(iv) Till investigation is completed and charge-sheet is filed, applicant shall keep himself away from the jurisdiction of Kurla police station.

6] Application stands disposed of.

[NITIN W. SAMBRE, J.] 3/3