Karim Gafoor Nasroodin Khan v. State Of Maharashtra

2023:BHC-AS:26875

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2758 OF 2023 KARIM GAFOOR NASROODIN KHAN ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ None for the applicant.

Mr. N. B. Patil, APP for the State.

API Khandagale, Dharavi Police Station.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 13, 2023.

P.C. :

1.

None appears for the applicant. Heard learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 11.10.2021 vide C.R. No.889 of 2021 with Dharavi Police Station. 3.

There are in all two accused. The applicant is the accused No.2. The applicant was arrested on 25.11.2021. The applicant is the husband of the informant. It is the prosecution case that the applicant assaulted the victim-his wife with the pan.

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4.

Learned APP opposed the application for bail. 5.

I have perused the injury certificate. The applicant is in custody for more than one year and eleven months. The investigation is complete. The charge-sheet has been filed. The trial is likely to take a long time to conclude. The applicant is in custody for a long time. It appears that there are no criminal antecedents reported against the applicant. In the facts and circumstances of the case, the applicant can be enlarged on bail. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Karim Gafoor Nasroodin Khan in connection with C.R. No.889 of 2021 registered with Dharavi Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- 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. 25,000/- for a period of four weeks in lieu of surety.

(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 2/3

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.

(f) The applicant shall attend the trial regularly. 6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3