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Bombay High CourtBA/211/2025allowed

Jishan Zakrul Hasan @ Javed Khan v. State Of Maharashtra

2025-03-20Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 211 OF 2025 Jishan Zakrul Hasan @ Javed Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Shrikant Shirsath a/w Ms. Sapna Hajare and Mr. Ravindra Lihinar, Advocate for the Applicant.

Mrs. Anamika Malhotra, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

20th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.287 of 2024 registered with Panvel City Police Station, District : Navi Mumbai, for the offences punishable under Sections 115, 120(B) and 506(2) of the Indian Penal Code.

3.

According to the prosecution, the applicant and other co-accused are members of Bishnoi gang. It is alleged that they hatched the conspiracy to kill a film actor Salman Khan, as he had allegedly killed a black-buck, a sacred animal for Bishnoi Community. It is alleged that for that purpose, they conducted recce. It is alleged that the present applicant and the other

co-accused were part of Whats-app group, which was created for the said purpose.

4.

The bail is sought on the ground of parity. The learned counsel for the applicant in support of the said ground has placed on record the copy of the order passed by this Court dated 6th February 2025 in Bail Application No.2936 of 2024. By the said order, this Court has released the co-accused Vaspi Mehmud Khan @ Vasim Chikna and Gaurav Vinod Bhatia @ Nhayi @ Sandeep Bishnoi on bail.

5.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in serious crime. It is submitted that there is a material to show that the applicant was a member of Whats-app group, where conspiracy was hatched. It is thus submitted that the application be rejected.

6.

I have perused the charge-sheet. The role attributed to the present applicant, the co-accused Vaspi Khan and Gaurav Bhatia appears to be similar. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances of the case, I am inclined to release the present applicant.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.287 of 2024 registered with Panvel City Police Station, District : Navi Mumbai, for the

offences punishable under Sections 115, 120(B) and 506(2) of the Indian Penal Code on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station twice in a month i.e. on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The applicant shall not enter into the limits of Greater Mumbai and Sub-urban Mumbai District till conclusion of trial;

(v) The applicant shall attend the Trial Court regularly on the date of hearing of the case unless exempted by the Court for some reason;

(vi) The applicant shall not commit any other crime; (vii) It would be open to the prosecution to file an application for cancellation of bail, if the applicant commit the breach of aforesaid conditions.

(viii) Application stands disposed of in the aforesaid terms.

(N. R. BORKAR, J.)