Allowed

Firoz Gulab Khan v. the State of Maharashtra

Bombay HC24 Apr 2006APPA/276/2006

Case brief

AI extract

What is this about?

In this bail application filed in a criminal appeal concerning an alleged offense under Section 120-B IPC, the High Court allowed the appellant to be released on bail, finding no prima facie evidence to refuse relief despite prosecution allegations.

What did the court decide?

Appellant released on furnishing P.R. bond of Rs.10,000 with surety, subject to attending police station.

Firoz Gulab Khan Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2006)

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:1:

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
 CRIMINAL APPLICATION NO. 276 OF 2006
 IN
 CRIMINAL APPEAL NO. 1168 OF 2005

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 Firoz Gulab Khan ..Appellant
 (Ori. Accused No.2)
 versus

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 State of Maharashtra ..Respondents

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 Mr. A. H. Solkar for the Appellant - Ori. Accused
 No.2.

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 Mr. V. B. Konde-Deshmukh, APP for the Respondents
 - State.

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 CORAM : D. G. DESHPANDE, &
V. K. TAHILRAMANI,JJ.

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 DATE : 24TH APRIL, 2006

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P.C. :

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 1. Heard.

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 2. This is an application for bail by the
 appellant - original accused No.2. Charge under
 Section 120-B was levelled against all the accused.
 The present appellant is convicted with others.
 However, even after hearing the learned APP, and
 going through the Judgment and evidence, we find,
 that there is no prima facie evidence connecting the
 accused to refuse bail to him. Murder was not

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 committed at the behest of the appellant. There is
 no recovery of any incriminating articles from him.

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:2:

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 It is alleged by the prosecution that he had a talk

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 with one of the accused from a particular telephone

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 booth. The owner of the telephone booth was
 examined as P.W. 16. Copy of his deposition is
 annexed. That owner was declared hostile as he
 refused to identify the present appellant.

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 3. Our attention was drawn by the learned APP

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 to paragraphs 82 onwards, but, even from that no
 case can be made against the present appellant -
 original accused No.2, at least, for the purpose of
 bail. Therefore, this application is allowed.
 Appellant - Accused be released on his furnishing

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 P.R. bond in the sum of Rs.10,000/- (Rupees Ten
 Thousand) with one solvent surety in the like
 amount. The appellant - accused to attend the
 concerned Police Station once in a fortnight for six
 months and then once in a month till the appeal is
 over. The Appellant - Accused to pay fine, if any,
 before he is released on bail. His substantive
 sentence is suspended pending the Appeal.
 Application disposed of accordingly.

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(D.G. DESHPANDE, J. )

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(V.K. TAHILRAMANI, J.)

Firoz Gulab Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Firoz Gulab Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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