Regular bail application for an offence registered as Section 302 IPC after a knife altercation in which the applicant allegedly snatched the knife from the deceased and assaulted him. The court found the applicant himself suffered grievous injuries, had no criminal antecedents and no flight risk, and granted bail with conditions.
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927 BA 427.24.doc
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BHALCHANDRA GOPAL DUSANE
Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2024.02.02 20:17:19 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 427 OF 2024
Salim Ibrahim Khan...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Zeeshan Siddiquie (through V.C.) a/w Mr. Hashim Ansari, Advocates
for the Applicant.
Ms. Veera Shinde, APP for the Respondent-State.
A.P.I., Mr. Amit B. Shete, Kondhwa Police Station, Pune City, present.
CORAM : MADHAV J. JAMDAR, J.
DATED : 2nd February 2024
P. C.
1. Heard Mr. Siddiquie, learned Counsel alongwith Mr. Hashim
Ansari, learned Counsel appearing for the Applicant and Ms. Shinde,
learned APP appearing for the Respondent-State.
2. This regular Bail Application is preferred under Section 439 of the
Code of Criminal Procedure, 1973. The relevant details are as follows:-
1.C.R. No. |
433 of 2023 |
|---|---|
2.Date of Registration of F.I.R. |
25th April 2023 |
3.Name of Police Station |
Kondhwa Police Station, Pune |
4.Section/s invoked |
302 ofI.P.C., 1860 |
5.Date of incident |
25th April 2023 |
6.Date of arrest |
30th April 2023 |
7.Date of filing Charge-sheet |
27th July 2023 |
3. As per the prosecution case, in the morning on 25th April 2023 at
about 9.00 a.m., when the incident in question took place opposite
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Garib Nawaz Hospital, Kondhwa, the deceased informed the informant
that as the Applicant was furiously looking at him, he asked about the
same to the Applicant and some altercations occurred between the
Applicant and the deceased. The deceased brandished the knife which
he was carrying to threaten the Applicant and at that time, the
Applicant snatched the said knife and assaulted the deceased with it.
4.It is the contention of learned Counsels appearing for the
Applicant that the deceased in fact has assaulted the Applicant with a
knife and that the Applicant has sufferred stab wounds and grievous
injuries to his abdomen. Learned Counsel submitted that in fact the
Applicant was admitted to the Sasoon General Hospital, Pune from 24th
April 2023 till 30th April 2023. It is submitted that the Applicant had
acted in self-defence and that if he had not done so then the Applicant
would have been killed in the incident.
5.Ms. Shinde, learned APP strongly opposed the Application. She
pointed out injuries on the body of the deceased and submitted that
there are total six injuries and most of them are grievous in nature.
6.The offence in this case was registered on 25th April 2023. The
present Applicant was arrested on 30th April 2023 and Charge-sheet
was filed on 27th July 2023.
7. It is an admitted position that the investigation has been completed and that the Charge-sheet has been filed on 27th July 2023.
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As per the Charge-sheet, the prosecution has proposed to examine 15
witnesses. The trial is likely to take a considerably long time.
8.Prima facie there is some substance in the submissions of the
learned Counsel appearing for the Applicant that even if the entire case
of the prosecution is accepted, it remains a fact that the Applicant
himself has suffered grievous injuries on vital parts of his body. Even as
per the prosecution case, the knife was used by the deceased and the
deceased assaulted the Applicant with the knife and grievously injured
the Applicant and as a result of the same, the Applicant snatched the
same knife from the deceased and assaulted the deceased.
9. The Applicant does not appear to be at risk of flight.
10.The Applicant does not have any criminal antecedents.
11.Accordingly, the Applicant can be enlarged on bail by imposing
conditions. In view thereof, the following order:-
O R D E R
(a)The Applicant-Salim Ibrahim Khan be released on bail
in connection with C. R. No.433 of 2023 registered with the
Kondhwa Police Station, Taluka-Kondhwa, District-Pune on
his furnishing P. R. Bond of Rs.25,000/- with one or two
solvent sureties in the like amount.
(b)On being released on bail, the Applicant shall furnish
his cell phone number and residential address to the
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Investigating Officer and shall keep the same updated, in case
of any change thereto.
(c)The Applicant shall report to the Kondhwa Police
Station, Taluka-Kondhwa, District-Pune twice in every month
on 1st and 3rd Monday between 11.00 a.m. and 1.00 p.m.
until the conclusion of the trial.
(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.
(e)The Applicant shall not tamper with the evidence and
shall not contact or influence the Complainant or any
witnesses in any manner.
(f)The Applicant shall attend the trial regularly. The
Applicant shall co-operate with the Trial Court and shall not
seek unnecessary adjournments thereat.
(g)The Applicant shall surrender his passport, if any, to
the Investigating Officer.
12.The Bail Application is disposed of accordingly.
13.It is clarified that the observations made herein are prima facie,
and the trial Court shall decide the case on its own merits, in
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accordance with law, uninfluenced by the observations made in this
Order.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Whether the applicant charged under Section 302 IPC should be enlarged on regular bail given he also suffered grievous injuries and acted in self-defence.
2 provisions across 2 enactments
Salim Ibrahim Khan
The State of Maharashtra
Anr.
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court