Faisal Shabbir Ahmed Momin v. State Of Maharashtra And ANR
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1285 OF 2025 Faisal Shabbir Ahmed Momin .. Applicant
Versus
State of Maharashtra & Anr.
.. Respondents ....................
Mr. Amit Mane for Applicant Mr. Balraj B. Kulkarni, APP for Respondent No. 1 - State Ms. Vilasini Balasubramanian, Advocate (appointed) for Respondent No. 2 ...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 29, 2025 P. C.
:
1.
Heard Mr. Mane, learned Advocate for Applicant; Mr. Kulkarni, learned APP for Respondent No. 1 - State and Ms. Balasubramanian, learned Advocate (appointed) for Respondent No. 2. 2.
Applicant - accused has filed the present Application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") in connection with C.R. No. 1282 of 2024 registered with Shil-Daighar Police Station for offences punishable under Section 376 of the Indian Penal Code, 1860 (for short, "IPC"). 3.
On 01.04.2025 after hearing learned Advocates appearing for the parties, this Court passed the following order:- "1.
Heard Mr. Mane, learned Advocate for Applicant and Mr. Kulkarni, learned APP for Respondent No.1.
2.
Applicant is indicted for offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 wherein prosecutrix and Applicant both are adults having children and their respective families. 3.
Prima facie, on hearing Mr. Mane, it is seen that Applicant and prosecutrix were known to each other and prior to marriage were in live-inrelationship as argued by Mr. Mane from the record. 4.
Issue notice to private Respondent No.2. Humdast permitted. In addition to Court's notice, Applicant is directed to serve a copy of this order and copy of the Application on the Investigating Officer directly. 5.
Mr. Kulkarni waives service on behalf of Respondent No.1. 6.
Investigating Officer is directed by this Court to depute a responsible lady Police Officer to serve copy of Respondent No.2 and obtain her consent as to whether she requires legal representation through legal aid. The consent of Respondent No.2 shall be apprised to the Court on the next adjourned date through the learned APP. Let the aforesaid exercise be completed within a period of one week from today. 7.
Stand over to 08th April, 2025. To be placed under the caption 'For Directions'.
4.
Today I have heard Ms. Balasubramanian, learned appointed Advocate for Respondent No. 2. I have considered the rival submissions emanating from the record. It is prima facie seen that Applicant and prosecutrix both were married and were having children. They were known to each other and in fact, prior to their marriage, they were in live-in-relationship also. That apart the prosecution has also brought on record the statement which evidences the affinity and nature of the relationship between the parties as reflected in the statement recorded during the course of investigation In that view of the matter, the case of the Applicant is covered by the decision of the Supreme Court in the case of Pramod Suryabhan Pawar v. The State of Maharashtra & Anr.1 and a recent decision of the [2019] 11 S.C.R. 423
Supreme Court in the case of Biswajyoti Chatterjee v. State of West Bengal & Anr.2. In that view of the matter, I am impelled to consider the case of the Applicant for grant of bail. Hence, Bail Application is allowed subject to the following terms and conditions:- (i) Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount;
(ii) Applicant is permitted to furnish provisional cash bail of Rs. 25,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs. 25,000/- within a period of four weeks after his release which shall be accepted by the Trial Court. Applicant shall provide sureties as directed; (iii) Before his actual release from jail, Applicant shall furnish his address where he proposes to reside after his release from jail to the concerned Police Station and also to the trial Court;
(iv) After his release from jail, Applicant shall report to the Investigating Officer as and when called for; 2025 SCC OnLine SC 741
(v) Applicant shall attend the trial Court on first Tuesday of every month between 11.00 a.m. and 1.00 p.m. to mark his presence. If the first Tuesday of the said month falls on a holiday and / or non Court working day, the Applicant shall mark presence on the next working day;
(vi) Applicant shall co-operate with the conduct of trial and attend the trial Court on all dates unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for cancellation of this order;
(vii) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court;
(viii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; and (ix) In case of any infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.
5.
It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made herein above in this order.
6.
This Court appreciates the assistance rendered by Ms. Balasubramanian, Advocate appointed through Legal Aid to espouse the cause of the prosecutrix. Fees be paid by the High Court Legal Aid Services Authority of this Court to the learned appointed Advocate for Respondent No.2 as per rules on production of a server copy of this order.
7.
Bail Application is allowed and disposed.
Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:
2025.04.30 14:24:19 +0530 RAVINDRA MOHAN AMBERKAR