Aslam Abdul Rehiman Bandar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2715 OF 2024 Aslam Abdul Rehiman Bandar ...
Applicant.
V/s.
The State of Maharashtra ...
Respondent.
------------------- Mr Sanjeev P. Kadam a/w Varsha Thorat, Pratik Deshmukh i/b Prashant P. Raul, Advocate for Applicant Ms Poonam P. Bhosale, APP for the State.
---------------------
CORAM
:
ANIL S. KILOR, J.
by RAJIV BABARAOJI RAUT Date: 2024.10.19 12:29:59 +0530 RAJIV BABARAOJI RAUT DATED :
OCTOBER 18, 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.0007 of 2023, registered with Mandangad Police Station, District: Ratnagiri for the offences punishable under Sections 307, 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.
3. Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during investigation, it is evident that all the injuries found on the person of the informant are of simple nature. The applicant was arrested on 19/06/2023
and as such he is in jail from last more than one year. In the meantime, the charge-sheet has been filed. The applicant was on anticipatory bail for a period of about 3 months.
4. The present application is being opposed on the ground that there are antecedents against the applicant. However, the learned counsel for the applicant has pointed out that in most of the cases he was acquitted.
5. Thus, considering the nature of allegations and the material collected by the Investigating Officer during investigation and the fact that the charge-sheet has been filed, I am of the opinion that further custody of the applicant is not required in the present matter.
6. At this stage, while opposing the present application, the learned APP submits that if the applicant is released on bail he would pressurize the prosecution witnesses since they are close relatives. Thereupon, the learned counsel for the applicant, on instructions, states that the applicant is ready to abide by any condition, including not to enter into Taluka Mandangad, District : Ratnagiri, till conclusion of the trial.
7. Accordingly, I pass the following order:
i) The Criminal Application is allowed.
ii) It is directed that the applicant shall be released on bail in connection with Crime No.0007 of 2023, registered with Mandangad Police Station, District: Ratnagiri for the offences punishable under Sections 307, 498-A, 323, 504,
506 read with Section 34 of the Indian Penal Code, 1860, on furnishing P.R.Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount; iii) The applicant shall not enter the territorial jurisdiction of Mandangad Taluka, District : Ratnagiri till conclusion of the trial, except for attending the trial.
iv) The applicant shall provide his address and name of the nearby Police Station to the I.O., which he shall attend on first and sixteenth day of every month between 10:00 a.m. and 11:00 a.m., till conclusion of the 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 if the applicant commits similar offence or breaches any condition for grant of bail.
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)