Allowed

Mohammad Irfan Daulat Khan @ Maulana Irfan Khan (Nadavi) v. National Investigation Agency and Anr.

Bombay HC8 Aug 2024IA/3054/2024

Case brief

AI extract

What is this about?

An inmate sought temporary bail, initially to visit his ailing mother and after her demise to perform her obsequies. The State conceded the death and suggested police escort. The court granted five days' temporary bail with conditions including P.R. bond, cash security, two civil-dressed police escorts, escort charges borne by the applicant, and surrender by 14 August 2024.

What did the court decide?

Five days' temporary bail (9–14 August 2024) on PR bond of Rs.25,000/- and cash security of Rs.25,000/-, in custody of two plainclothes police escorts, surrender by 14 August 2024.

Mohammad Irfan Daulat Khan @ Maulana Irfan Khan (Nadavi) vs… — Bail and Remand | Bombay HC (2024)

¶1

RVC 57. IA 3054-2024.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

INTERIM APPLICATION NO.3054 OF 2024 IN CRIMINAL APPEAL (ST.) NO. 15535 OF 2024

¶5

Mohammad Irfan Daulat Khan @ Maulana Irfan Khan (Nadavi)

¶6

… Appellant

¶7

V/s.

¶8

State of Maharashtra & Anr. … Respondents

¶9

Ms. Payoshi Roy for Applicant. Smt. M.H. Mhatre, A.P.P. for Respondent-State.

¶10

CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 8^th August 2024.

¶11

P.C. :

¶12

This Application was filed by the Applicant on 2^nd August 2024 initially for interim bail to visit his ailing mother. However, on 4^th August 2024 the mother of Applicant passed away and therefore, the Applicant is now seeking temporary bail for a period of five days on the ground, to perform obsequies of his mother.

¶13

Smt. Mhatre, learned A.P.P., on instructions from A.C.P. Mr. Subhash Dudhgaonkar attached to A.T.S. Pune, conceded to the fact of demise of mother of the Applicant. She on instructions further submitted that, if the Applicant is released even on temporary bail, there is a possibility

¶14

1/3

¶15

RVC 57. IA 3054-2024.doc

¶16

that he may abscond and therefore if this Court is inclined to grant him temporary bail, he may be released in police escort.

¶17

Ms. Roy, learned Advocate for Applicant submitted that, as the Applicant is being released on temporary bail to attend obsequies of his mother, the escorting police party may be directed to be in civil dress. She further submitted that, the Applicant will not be able to pay charges of four police personnel and therefore he may be directed to be escorted by two police personnel in civil dress.

¶18

In view thereof, we are inclined to release the Applicant on temporary bail for a period of five days from 9^th August 2024 till 14^th August 2024 (both days inclusive), on following terms and conditions :-

¶19

(i) Applicant be released on temporary bail from jail on or before 11.00 a.m. of 9^th August 2024 on his furnishing P.R. Bond of Rs.25,000/- and with cash security of Rs.25,000/- to be deposited with the Superintendent of Nashik Road Central Prison, Nashik.

¶20

(ii) After his release on temporary bail, the Applicant shall reside at the address mentioned in the cause title of the Criminal Appeal (St.) No. 15535 of 2024 in police escort.

¶21

(iii) The Applicant be provided with two police personnel to escort him to his residence and bringing back to jail.

¶22

(iv) The police personnel escorting Applicant shall be in civil dress.

¶23

(v) The said police personnel will continuously remain with Applicant till his return to jail on 14^th August 2024.

¶24

2/3

¶25

RVC 57. IA 3054-2024.doc

¶26

(vi) Applicant shall pay necessary escort charges of the said police escort.

¶27

(vii) Applicant shall report to the Nashik Road Central Prison, Nashik on or before 05.00 p.m. on 14^th August 2024, without seeking any extension in that behalf.

¶28

1. Application is allowed in the aforesaid terms.

¶29

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. )

¶30

Digitally signed by RAJESH RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2024.08.08 19:04:14 +0530

¶31

3/3

Mohammad Irfan Daulat Khan @ Maulana Irfan Khan (Nadavi) v. National Investigation Agency and Anr.

Case brief

What is this about?

What did the court decide?

Mohammad Irfan Daulat Khan @ Maulana Irfan Khan (Nadavi) v. National Investigation Agency and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sameer Satishrao Karpe vs the State of Maharashtra and Anr.

Piyush Birbal Gupta and Ors. vs the State of Maharashtra and Anr.

Shalok Hari Nagpal and Anr. vs the State of Maharashtra and Anr.

Editors Guild of India vs Union of India

Mohd. Asif Shamim Ahmed Ansari and Ors. vs State of Maharashtra and Anr.

Veena Amol Bhurke vs State of Maharashtra and Anr.