Allowed

Ghulam Irani Jafrey v. the State of Maharashtra

Bombay HC9 Feb 2023BA/309/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant Ghulam Irani Jafrey in an MCOCA case. Relying on the principle of parity, the court noted that other co-accused with similar roles and criminal antecedents had been granted bail despite lengthy custody, necessitating the applicant's release.

What did the court decide?

Acquitted on bail by furnishing P.R. Bond of Rs.1,00,000 with one or more sureties in the like amount.

Ghulam Irani Jafrey Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2023)

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Darshan Patil

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ba 309.22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 309 OF 2022

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Ghulam Irani Jafrey ..Applicant VS. The State of Maharashtra ..Respondent

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Adv. Bharat Manghani for the Applicant.

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Mr. S. V. Gavand, APP for the State.

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CORAM : M. S. KARNIK, J.

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DATE : FEBRUARY 9, 2023

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P.C. :

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1. Heard learned counsel for the applicant and learned APP for the State.

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2. This is an application for bail by the applicant- Ghulam Irani Jafrey, in connection with C.R. No.I-91 of 2016 dated 20/02/2016, registered with Narpoli Police Station, under sections 394 and 34 of the Indian Penal Code, 1860, sections 37(1) and 135 of the Maharashtra Police Act and sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (“MCOCA” for short).

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3. The applicant was arrested on 30/05/2019. The bail is

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Darshan Patil 5. ba 309.22.doc

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sought on the ground of parity. The applicant is in custody for more than 3 years and 8 months without any possibility of the trial concluding any time soon. My attention is invited to the order passed by the Special Court in bail application in MCOCA Case No. 6 of 2016 filed by the co-accused no. 10 who was a pillion rider whereas the present applicant was the rider of the bike. The role of the accused no. 10 and the present applicant is the same. Even other co-accused Abbas @ Abbasi @ Tarzan Majhum Khan, Ali Johar Jafari @ Irani, Faizal Ali Yusuf Ali Shaikh @ Ali Mahmud, Sayed @ Sarfaraj Firoj Jafery @ Sarfaraj Firoj Baig, Jafar Ali @ Tabrez Babar Ali @ Babar Shiraji @ Jafar Jafari and Sakina Johan Sayyed @ Irani have been granted bail. Paragraph no. 10 of MCOCA Case No. 6 of 2016, the MCOCA Special Court has observed thus:

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“10] The role played by the co-accused who have been granted bail, is on higher footing to that of the present accused. Therefore, the principle of parity is perfectly applicable. The co-accused were also having criminal antecedents. Still bail has been granted to them. The accused is behind the bars since about two years. In such circumstances, accused is entitled for bail. Taking note of the criminal antecedents in order to have some check on his activities he can be directed to attend the police station.”

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Darshan Patil

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ba 309.22.doc

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4. The activities of the applicant are in the area of Thane District, learned counsel for the applicant, on instructions, states that if the bail is granted, the applicant shall reside outside the Thane District till the trial is over. The statement is accepted. The investigation is complete and the chargesheet has been filed. On the ground of parity and as the applicant is in custody for more than 3 years and 8 months the applicant can be released on bail, though there are criminal antecedents reported against the applicant. Hence, the following order.

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ORDER

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(a) ApplicantGhulam Irani Jafrey, in connection with C.R. No.I-91 of 2016, registered with Narpoli Police Station, shall be released on bail, on his furnishing P.R. Bond of Rs.1,00,000/with one or more sureties in the like amount;

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(b) The applicant shall not pressurize the prosecution witnesses and tamper with the evidence;

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(c) The applicant shall not leave India without prior permission of the trial Court;

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(d) The applicant shall attend the trial Court regularly;

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Darshan Patil

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ba 309.22.doc

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(e) The applicant shall produce address proof and mobile number of himself as well as of his 2 blood relatives alongwith the names of police stations in whose jurisdiction they are residing;

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(f) The applicant shall attend the office of ACP (East) Division, Bhiwandi, once in a month i.e. on first Saturday of every month at any time in between 10.0 am to 01.00 pm till conclusion of the trial.

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5. The application stands disposed of.

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(M. S. KARNIK, J.)

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Ghulam Irani Jafrey v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ghulam Irani Jafrey v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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