Allowed

Kalim Yunus @ Nana Multani v. State of Maharashtra and Ors.

Bombay HC14 Mar 2024IA/667/2024

Case brief

AI extract

What is this about?

The High Court suspended the sentence of an applicant convicted of murder and conspiracy, relying on the circumstantial nature of the prosecution case, a hostile panch witness, and parity with co-accused who were already on bail. The application for suspension of sentence and enlargement on bail was allowed.

What did the court decide?

Sentence suspended and enlarged on bail pending final disposal of appeal, subject to furnishing P.R. Bond of Rs.25,000/- with sureties and reporting to trial Court once in three months.

Kalim Yunus @ Nana Multani Vs State of Maharashtra and Ors. — Bail and Remand | Bombay HC (2024)

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Digitally signed by SHAGUFTA SHAGUFTA QUTBUDDIN QUTBUDDIN PATHAN PATHAN Date: 2024.03.15 18:09:08 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.667 OF 2024 (For Bail) IN

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CRIMINAL APPEAL NO. 213 OF 2020

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Kalim Yunus @ Nana Multani … Applicant Versus The State of Maharashtra & Ors. … Respondents

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Mr. Chetan S. Damre for the Applicant

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Mr. R. M. Pethe, A.P.P for the Respondent No.1-State

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None for the Respondent Nos. 2 and 3

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CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ. THURSDAY, 14th MARCH 2024

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P.C :

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1 Heard learned counsel for the parties.

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2 By this application, the applicant seeks suspension of

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his sentence and enlargement on bail, pending the hearing and

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final disposal of his aforesaid appeal.

SQ Pathan

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3 The applicant, vide judgment and order dated 30^th

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September 2019, passed by learned Additional Sessions Judge, Niphad in Sessions Case No. 56/2017, has been convicted and sentenced as under:

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for the offence punishable under Section 302 r/w 34 of the Indian Penal Code, to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for 1 year;

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for the offence punishable under Section 120B of the Indian Penal Code, to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer further rigorous imprisonment for 1 year;

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for the offence punishable under Section 404 r/w 34 of the Indian Penal Code, to suffer rigorous imprisonment for 1 year and to pay fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for 2 months.

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All the aforesaid sentences were directed to run

concurrently.

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4 Perused the papers with the assistance of the learned counsel for the applicant and the learned A.P.P. Admittedly, the prosecution case rests entirely on circumstantial evidence. As far as the applicant is concerned, the circumstance qua him is recovery of an iron bar from a nullah and recovery of Rs.1,500/- from one onion shed. Apart from this, thereis no other evidence pointed out by the leanred A.P.P. From the evidence of PW6, a Panch witness to the recovery of an iron bar and money, it is evident that the said witness has turned hostile.

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5 Learned counsel for the applicant seeks bail on the ground of parity. He submits that the similarly placed co-accused Bashir Ansari and Shahrukh Multani’s sentences have been suspended and they have been enlarged on bail. The applicant is in custody for about 6½ years.

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6 Considering the only evidence as stated aforesaid, the

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application is allowed and the applicant’s sentence is suspended

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and he is enlarged on bail, pending the hearing and final disposal

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of the aforesaid appeal, on the following terms and conditions:

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ORDER

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i) The applicant be enlarged on bail on furnishing

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P.R.Bond in the sum of Rs.25,000/- with one or two sureties

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in the like amount;

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ii) The applicant shall report to the trial Court, once

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in three months on the day/date specified by the trial Court, till his appeal is finally disposed of;

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iii) The applicant shall keep the trial Court informed

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of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time;

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iv) If there are two consecutive defaults in appearing

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before the trial Court, the learned Judge shall make a report

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to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.

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7 The application is allowed in the aforesaid terms and is accordingly disposed of.

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8 All concerned to act on the authenticated copy of this

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order.

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MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.

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SQ Pathan

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Kalim Yunus @ Nana Multani v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Kalim Yunus @ Nana Multani v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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