Bombay High CourtAPPP/1240/2018disposed off

The State Of Maharashtra v. Ikhlaq Kasam Patel

2024-01-31Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1240 OF 2018 IN CRIMINAL BAIL APPLICATION NO. 2843 OF 2017 The State Of Maharashtra ...

Applicant

Versus

Ikhlaq Kasam Patel ...

Respondent .....

Mr. A. A. Palkar, APP, for the Respondent-State. None for the Respondent.

Mr. Shekhar A. Pawar, PSI, Juhu Police Station, present. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 31st JANUARY, 2024.

P.C.

None for the respondent.

At the time of granting bail to the applicant on 15th January, 2018 in C.R. No. 140 of 2017, this Court inter alia imposed following conditions;

"(ii)After his release from jail, the applicant shall attend the concerned Police Station on every first Monday of the month between 11.00 a.m.

to 1.00 p.m.

REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2024.02.02 15:58:57 +0530

(iv) Any two consecutive defaults in complying with the aforestated conditions will attract the provisions of cancellation of bail.

(iv) The applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses."

Learned APP submits that the applicant has committed breach of the conditions as after his release he has committed several offences as stated in para 4-A of the application. It appears that the applicant has committed an offence within the jurisdiction of Juhu Police Station and D. N. Nagar Police Station vide C.R. Nos. 73 of 2019, 1238 of 2022 and 658 of 2023, which is a serious offence punishable under Sections 307, 326, 324, 323, 504, 506(II) of the Indian Penal Code r/w Section 4, 25 of the Arms Act and Sections 37(1), 135, 142 of the Maharashtra Police Act.

In view of the aforesaid facts, the bond executed by the applicant is forfeited as well as the surety stands discharged. The bail stood cancelled.

It is submitted that the applicant is already detained in Arthur Road Jail, Mumbai. As such, the Non Bailable Warrant issued against him stands recalled.

Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]