Allowed

Ishtekar Azharali Ansari and Anr. v. the State of Maharashtra and Anr.

Bombay HC5 Feb 2024BA/1922/2023

Case brief

AI extract

What is this about?

Two applicants in a 2017 Pydhonie Police Station robbery case sought bail, citing custody since April 2018 and a co-accused already released. Court granted bail on PR bonds of Rs.30,000 with monthly attendance at police station.

What did the court decide?

Applicants released on bail in C.R.No.276/2017 on PR bond Rs.30,000 each plus sureties, subject to monthly reporting and standard conditions.

Ishtekar Azharali Ansari and Anr. Vs the State of Maharashtra… — Bail and Remand | Bombay HC (2024)

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2024:BHC-AS:5666

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5 ba 1922 of 2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1922 OF 2023

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Ishtekar Azharali Ansari and Anr.

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… Applicants

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versus

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The State of Maharashtra and Anr.

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… Respondents

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Mr. Rahil Ahmed Siddiqui for Applicant. Mr. S.R.Aagarkar, APP for State. Mr. Suresh Gaikwad, PI Protection Branch, present.

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CORAM: N.J.JAMADAR, J. DATE : 5 FEBRUARY 2024

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P.C.

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Heard the learned Counsel for the parties.

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The applicants who are arraigned in C.R.No.276 of 2017 registered with

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Pydhonie Police Station for the offences punishable under Sections 120B, 342, 397, 452 read with Section 34 of the Indian Penal Code, have preferred this application to enlarge them on bail.

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Learned Counsel for the Applicants submits that the co-accused Hasmat

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Ali has been released on bail by the Court of Sessions. The applicants are similarly circumstanced. In any event, the applicants have been in custody since 16 April 2018. Therefore, the applicants deserve to be released on bail.

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Learned APP resisted the prayer for bail.

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The indictment against the applicants and the co-accused is that on 11

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SSP 1/4

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5 ba 1922 of 2023.doc

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September 2017, the applicants and the co-accused barged into the office of the first informant and robbed him of the cash, gold ornaments and mobile phone handsets worth Rs.65,050/-.

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While releasing the co-accused on bail, the learned Additional Sessions Judge observed that the first informant had not sustained any grievous injury. Learned Counsel for the applicant invited attention of the Court to the medico legal examination report of the first informant, which indicates that the first informant has not sustained any injury.

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In any event, the applicants are in custody since 16 April 2018. It is unlikely that the trial can be concluded within a reasonable period. Having regard to the punishment which the offence under Section 392 of the Code entails and the period of incarceration, further detention of the applicants does not seem warranted.

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Learned APP submitted that the applicants are the residents of Uttar

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Pradesh and the presence of the applicants may not be secured, in the event they are released on bail.

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The apprehension on the part of the prosecution can be taken care of by imposing conditions.

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Hence, the following order :

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(i) The Application stands allowed.

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SSP 2/4

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5 ba 1922 of 2023.doc

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(ii) The Applicants – Ishtekar Azharali Ansari and Mohd. Rabbani Ansari be

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released on bail in C.R.No.276 of 2017 registered with Pydhonie Police Station on furnishing a PR bond in the sum of Rs.30,000/- each and one or two sureties in the like amount to the satisfaction of the trial Court.

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(iii) The applicants shall mark their presence at Pydhonie Police Station on

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first Monday of every month between 11 am to 1 pm for a period of two years or till the conclusion of the trial, whichever is earlier.

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(iv) The applicants shall not tamper with the prosecution evidence. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any police officer.

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(v) On being released on bail, the applicants shall furnish their contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

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(vi) The applicants shall regularly attend the proceedings before the jurisdictional Court.

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(vii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the applicant and the trial Court shall not be influenced by any of the observations

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SSP 3/4

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5 ba 1922 of 2023.doc

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made hereinabove.

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Application disposed.

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( N.J.JAMADAR, J. )

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SSP 4/4

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Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 06/02/2024 18:06:12

Ishtekar Azharali Ansari and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Ishtekar Azharali Ansari and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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