Arshad Khan Sattar Khan v. The State Of Maharashtra

45-BA-461-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.461 OF 2023 ARSHAD KHAN SATTAR KHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Jadhav Satej S APP for Respondent: Mr. S. P. Sonpawale .....

CORAM : S. G. MEHARE, J.

DATE : 20.03.2023 PER COURT :

1.

Heard the learned counsel for the applicant and learned A.P.P for the respondent-State.

2.

The incident appears to be the outcome of the alleged illicit relationship. The injured was discharged on third day of the incident. The frst informant who was the injured, had passed a pursis before the Sessions Court that it being their private dispute, they have settled it. Whether it was fled under pressure by the applicant on the frst informant or not, that can be considered on merits. Prima facie it reveals that the matter relates to the character of a woman. The informant/ injured exonerated her as she assured not to keep any relationship whatsoever with the applicant. That apart, the weapon allegedly used in the crime has

45-BA-461-2023.odt been seized. There are no antecedents to the discredit of the applicant. In the facts and circumstances of the case, further detention of the applicant would serve no purpose. Hence the following order :-

ORDER

(i) The application is allowed.

(ii) Applicant Arshad Khan Sattar Khan be released on bail on furnishing P.B.and S.B. of Rs. 50,000/- ( Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No. 17 of 2023 registered with Daulatabad Police Station, District Aurangabad for the ofences punishable under Sections 307, 326, 504 read with Section 34 of the Indian Penal Code, on the conditions that :

(a) The applicant shall not contact the victim and frst informant till conclusion of the trial.

(b) He shall attend the Police Station as and when called by the Investigating Ofcer on written notice till fling of the charge sheet.

( S. G. MEHARE ) JUDGE ysk