Allowed

Abdul Kalam Abdul Salam Khan v. the State of Maharashtra

Bombay HC30 Sept 2021BA/804/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application in criminal proceedings involving kidnapping, extortion, and abetment. The court emphasized the circumstantial nature of the evidence and the lack of direct incriminating material against the applicant who was already chargesheeted.

What did the court decide?

Applicant discharged on bail with P.R. bond of Rs. 25,000/- and one surety in the like amount upon furnishing thereof.

Abdul Kalam Abdul Salam Khan Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2021)

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Digitally signed IRESHSIDDHARAM by IRESHSIDDHARAMMASHAL MASHAL Date: 2021.10.01 12:21:11 +0530

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8 BA-804-21.doc

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ISM

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 804 OF 2021

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Abdul Kalam Abdul Salam Khan ….Applicant. V/s State of Maharashtra …..Respondent

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Mr. Nitesh Mohite for the Applicant. Ms. A.A. Takalkar, APP for the Respondent.

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CORAM: NITIN W. SAMBRE, J.

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DATE: SEPTEMBER 30, 2021

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P.C.:-

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1] Heard.

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2] In view of submission made, production of report of Forensic Science Laboratory so also report of CDR is expedited.

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3] Let the aforesaid documents be placed before the Court below within a period of 10 weeks from today.

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4] Applicant is seeking bail in C.R. No. 82 of 2020 registered with Narpoli Police Station for the ofence punishable under Sections 364(A), 387, 120(B) of the Indian Penal Code and under Sections 37(1), 135 of Maharashtra Police Act.

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8 BA-804-21.doc

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5] Contentions are, there are no criminal antecedents against the Applicant and he is already chargesheeted. Applicant is behind bar for more than one and half year.

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6] Complicity of the ofence, role attributed to the Applicant and the evidence available on record, in my opinion, do not pin point availability of the evidence directly implicating the Applicant.

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7] The case is based on circumstantial evidence.

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8] In view of above, Application is allowed.

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9] Applicant is directed to be released on bail in C.R. No. 82 of 2020 registered with Narpoli Police Station for the ofence punishable under Sections 364(A), 387, 120(B) of the Indian Penal Code and under Sections 37(1), 135 of Maharashtra Police Act upon furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. Applicant shall neither infuence the prosecution witnesses in any manner nor tamper with the evidence.

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10] Application stands disposed of.

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( NITIN W. SAMBRE, J. )

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Abdul Kalam Abdul Salam Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Abdul Kalam Abdul Salam 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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