Aiman Gani Monorwala v. State Of Maharashtra

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2662 OF 2024 Aiman Gani Monorwala ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Shriniwas C. Singh, Advocate for Applicant. Mrs. Ashwini A. Takalkar, APP for State-Respondent. Mr. Sanket Pramod Pagade, PSI, Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 9th OCTOBER, 2024 PC :- 1) Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.9 of 2024, registered with Palghar Police Station, Palghar for the offences punishable under Sections 307, 326, 143, 144, 147, 148, 149, 452, 341, 323, 504 and 506 of the Indian Penal Code. 3.

In the present matter, the applicant is in jail from last 10 months and after considering the injury certificate, it is evident that 1/3

the injury was caused to the left eye of the informant. The injury was grievous injury. However, considering the fact that there are no antecedents against the applicant and on completion of the investigation, the charge-sheet has been filed, I am of the opinion that further custody of the applicant is not necessary. 4.

As far as the apprehension expressed by the learned APP that, if the applicant is released on bail he may pressurize the prosecution witnesses or tamper with the prosecution evidence, the same can be addressed by imposing certain stringent conditions. 5.

At this stage, the learned counsel for the applicant, on instructions, submits that the applicant is ready to abide by any conditions, including the condition not to enter into territorial jurisdiction of Palghar Police Station. In the circumstances, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.9 of 2024, registered with Palghar Police Station, Palghar for the offences punishable under Sections 307, 326, 143, 144, 147, 148, 149, 452, 341, 323, 504 and 506 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

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iii) The applicant shall not enter into the territorial jurisdiction of Palghar Police Station, till the conclusion of the trial;

iv) The applicant shall provide his address and name of the nearby police station to the IO, which they shall attend the said Police Station on 1st and 16th day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial;

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

vi) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or if the applicant commit similar offence;

vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

6.

The application is disposed of .

[ANIL S. KILOR, J.] 3/3