Bombay High Court
Mehraj Gulam Khan vs State Of Maharashtra on 23 August, 2022
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1352 OF 2022
Mehraj Gulam Khan .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr.Manas Geawankar with Mr.Mohammad S.Mulla for the
Applicant.
Mr.S.V.Gavand, A.P.P. for the State/Respondent.
PI B.A.Shaikh attached to Nagpada Police Station, present.
...
CORAM: BHARATI DANGRE, J.
DATED : 23rd AUGUST, 2022
P.C:-
1. The applicant is facing charge under Sections 449, 396,
120-B read with Section 34 of IPC in C.R.No.226 of 2014 and he
came to be arrested in connection with the said C.R. on
11/09/2020. Pertinent to note that the other co-accused in the
said C.R. were arrested immediately after its registration and
subjected to trial in Sessions Case No.761 of 2014. By
judgment dated 27/06/2017, they came to be convicted for the
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offences punishable under Sections 302, 392, 452 and 342 of
IPC by the learned Additional Sessions Judge, Gr.Bombay. On
the Appeals being fled before this Court, they were acquitted
by recording that the prosecution has not proved the guilt of
the accused beyond the reasonable doubt.
A copy of the judgment passed by the learned Division
Bench of this Court on 24/02/2022, clearly record that the
prosecution has failed to adduce any evidence, which would
establish the charge under Section 302 of IPC against the
accused. Recording that that there are no ligature marks nor
thumb marks on the neck of the deceased and further
recording that the injuries which were noticed in the
postmortem report, it was specifcally concluded that on the
basis of the approximate cause of death, when the dead body
was seen in the morning with no visitor visiting him in the
night, the prosecution has failed in it's duty to bring home the
guilt of the accused. One of the co-accused, who is also
arrested on 05/02/2021, sought his release on bail in the
background of the judgment in Criminal Appeal No.25 of 2018
and I had an opportunity to deal with the said application. By
order dated 21/07/2022, by recording that in the wake of the
material compiled in the charge-sheet, which would no way
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implicate the applicant/accused to the murder of the deceased
and, particularly, since the co-accused are acquitted of the
charges levelled, the applicant was held entitled to be released
on bail and, accordingly, he was conferred his liberty. There is
no reason why the same analogy cannot be applied to the
present applicant. Hence, the applicant is entitled for his
release on bail.
It is clarifed that the observations above are prima facie
in nature and limited for the purpose of adjudication of the bail
application and based on the observations made by the learned
Division Bench of this Court.
: ORDER :
(a) Application is allowed.
(b) Applicant -Mehraj Gulam Khan shall be released
on bail in connection with C.R.No.226 of 2014 registered
with Nagpada Police Station, on furnishing P.R. Bond to
the extent of Rs.25,000/- with one or two sureties in the
like amount.
(c) 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
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him from disclosing the facts to Court or any Police
Offcer. The applicant shall not tamper with evidence.
(d) The applicant shall furnish his residential
address and contact number to the Investigating Offcer
within a period of one week from the date of his release
on bail and shall keep him updated about change in
address, if any.
(e) The applicant shall attend the trial on regular
basis, unless specifcally exempted by the trial Court.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
