Allowed

Arif Khan Asif Khan v. the State of Maharashtra

Bombay HC15 Mar 2024BA/2059/2023

Case brief

AI extract

What is this about?

The High Court considered a bail application under Section 439 CrPC for an offence under Section 302 IPC. The court noted the incident was alleged to be of spur of the moment, no criminal antecedents, and the applicant had been in custody for over a year. Bail was granted with conditions.

What did the court decide?

Bail granted with conditions including furnishing PR bond, weekly police reporting, and surrender of passport.

Arif Khan Asif Khan Vs the State of Maharashtra — Bail and Remand | Bombay HC (2024)

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903 BA 2059.23.doc

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BHALCHANDRA GOPAL DUSANE

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2024.03.15 18:22:07 +0530

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CRIMINAL BAIL APPLICATION NO. 2059 OF 2023

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Arif Khan Asif Khan

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...Applicant

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Versus

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The State of Maharashtra ...Respondent

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Mr. Aniket Vagal a/w Divesh Mehani, Kunal Pednekar and Savvy
Kolhekar, Advocates, for the Applicant.
Mr. Sameer M. Mangaonkar, APP, for Respondent- State.
PSI, Vidhate, Azadnagar Police Station, Malegaon, District Nashik

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CORAM : MADHAV J. JAMDAR, J. DATED : 15th March 2024

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P. C.

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1. Heard Mr. Vagal, learned Counsel for the Applicant and Mr.

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Mangaonkar, learned APP for the Respondent-State.

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2. This regular Bail Application is preferred under Section 439 of the

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Code of Criminal Procedure, 1973. The relevant details are as follows:-

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`1. C.R. No.`	`163 of 2022`
`2. Date of registration of F.I.R.`	`26th November 2022`
`3. Name of Police Station`	`Azadnagar, Malegaon, District-Nashik`
`4. Section/s invoked`	`302 ofI.P.C., 1860`
`5. Date of incident`	`26th November 2022`
`6. Date of arrest`	`26th November 2022`
`7. Date of filing Charge-sheet`	`22nd February 2023`

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3. The prosecution case is that the deceased is a near relative of the

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Applicant. As per the prosecution case, the incident in question took

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Dusane

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903 BA 2059.23.doc

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place as the deceased was demanding a cell phone from the Applicant
and the Applicant was refusing to give the said cell phone and therefore
some scuffle took place between them. The informant who is the uncle
of the deceased and other relatives, tried to intervene. However the
Applicant and the deceased were not listening to them and in the said
scuffle, the Applicant assaulted the deceased with a knife. As per the
prosecution case, as soon as the Applicant noticed that the deceased
was seriously injured, the Applicant, Informant and other relatives took
the deceased to the hospital and as one of the hospital refused to admit
the deceased, they went to another hospital and the deceased
succumbed to the resultant injuries.

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4.Mr. Vagal, learned Counsel for the Applicant submitted that the
incident in question took place on the spur of the moment. The
Applicant is in custody since more than 1 year and 5 months. He
submitted that the deceased went to the Applicant's house and
thereafter the quarrel started between them. He submitted that in any
case, there was no pre-planning and therefore the Applicant is entitled
to be released on bail. He submitted that in fact the Applicant took the
deceased to the hospital. He submitted that there are no criminal
antecedents.

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5.On the other hand, learned APP vehemently opposed the Bail
Application and stated that there are eye-witnesses to the incident. The

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Dusane

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903 BA 2059.23.doc

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Knife which was used in the offence has been recovered at the instance
of the present Applicant and therefore the Bail Application be rejected.
After taking instructions, the learned A.P.P. states that there are no
criminal antecedents.

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6.Perusal of the record shows that the incident occurred on 26th
November 2022, the Applicant was arrested on 26th November 2022
and the Charge-sheet was filed on 22nd February 2023. As per the
Charge-sheet, prosecution proposes to examine 13 witnesses. Till date
even the Charge is also not framed yet. The Applicant is in custody for
more than 1 year and 5 months.

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7.Prima facie, there is substance in the contention of learned
Counsel for the Applicant that the incident in question has taken place
on the spur of the moment and there are no criminal antecedents. The
trial is likely to take a considerably long time.

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8. The Applicant does not appear to be at risk of flight.

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9. The Applicant does not have any criminal antecedents.

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10.Accordingly, the Applicant can be enlarged on bail by imposing
conditions.

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11.In view thereof, the following order:-

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O R D E R

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(a)The Applicant - Arif Khan Asif Khan be released on

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bail in connection with C. R. No.163 of 2022 registered with

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Dusane

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903 BA 2059.23.doc

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the Azadnagar Police Station, Malegaon, District-Nashik on
his furnishing P. R. Bond of Rs.20,000/- with one or two local
solventsureties in the like amount.

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(b)On being released on bail, the Applicant shall furnish
his cell phone number and residential address to the
Investigating Officer and shall keep the same updated, in case
of any change thereto.

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(c)The Applicant shall report to the Azad Nagar Police
Station, Malegaon, District-Nashik once every week, on every
Sunday between 11.00 a.m. and 1.00 p.m. until the
conclusion of the trial.

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(d)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 such a person from
disclosing the facts to the Court or to any Police personnel.

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(e)The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the Complainant
or any prosecution witness in any manner.

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(f)The Applicant shall attend the trial regularly. The
Applicant shall co-operate with the Trial Court and shall not
seek unnecessary adjournments thereat.

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Dusane

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903 BA 2059.23.doc

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(g)The Applicant shall surrender his passport, if any, to

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the Investigating Officer.

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12. The Bail Application is disposed of accordingly.

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13.It is clarified that the observations made herein are prima facie,
and the Trial Court shall decide the case on its merits, uninfluenced by

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the observations made in this Order.

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[MADHAV J. JAMDAR, J.]

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Dusane

Arif Khan Asif Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Arif Khan Asif Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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