Siraj Raees Khan v. State Of Maharashtra

2023:BHC-AS:33431

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2929 OF 2023 WITH INTERIM APPLICATION NO. 4095 OF 2023(NOT ON BOARD) SIRAJ RAEES KHAN ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Gaurav Parkar, for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

Mr. Vivek Arote, for Intervener.

API-Mr.Sunil Gurav, Taloja police station present. CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 3, 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 ofence punishable under sections 307, 323, 341, 504, 506 read with 34 of the Indian Penal Code, 1860 registered on 18/06/2023 vide C.R. No.207 of 2023 with Taloja Police Station, Navi Mumbai. The applicant was arrested on 18/06/2023 3.

The date of the incident is 18/06/2023. It is alleged that 3 accused assaulted the frst informant with knife. So far as the present applicant is concerned, it is alleged that 1/4

the present applicant threatened the passers-by and onlookers not to intervene in the on-going assault on the frst informant. The injury certifcate on record reveals that there is one stab wound inficted on the informant below the umbilicus. The nature of the injury is grievous. The injury is attributed to the accused no.2-Shamshad. 4.

Learned APP and learned counsel for frst informant opposed the application. It is submitted that the acquaintance of the accused have threatened the informant while the accused are in custody and therefore submitted that threat to his life cannot be ruled out once the applicant is enlarged on bail. It is submitted by learned counsel for the frst informant that NCs have been registered in this regard. The investigation is complete. The charge-sheet has been fled. Though learned counsel for the informant submitted that there are some criminal antecedents reported against the present applicant, however, learned APP on instructions submitted that there are no criminal antecedents against the present applicant. The apprehension of the informant can be taken care of by imposing certain conditions on the applicant. The applicant, 2/4

in my opinion, should not be deprived the facility of bail in the facts and circumstances of the present case. The applicant is in custody since 18/06/2023. Further custody will only be by way of a pre-trial punishment in the facts and circumstance of the case. The applicant will face the consequences post-trial if found guilty. 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-Siraj Raees Khan in connection with C.R. No.207 of 2023 registered with Taloja police station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more 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 6 weeks in lieu of surety.

(d) The applicant shall attend the investigating ofcer of Taloja police station once in a month every frst Monday of the month between 11.00 a.m. and 1.00 p.m.

(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 3/4

disclosing the facts to Court or any Police Ofcer. The applicant shall not tamper with evidence.

(f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Ofcer and shall keep him updated, in case there is any change.

(g) The applicant shall not reside within the jurisdiction of the Taloja police station till further orders of the trial Court. Only for the purpose of reporting to investigating ofcer, the applicant is allowed to enter Taloja.

(h) The applicant shall not contact, intimidate or threaten frst informant of any of the witnesses.

(i) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(j) The prosecution or the frst informant are always at liberty to apply for cancellation of bail in case of breach of any of the condition by the applicant.

5.

The application is disposed of. The interim application also stands disposed of.

(M. S. KARNIK, J.) 4/4