Bombay High Court
Farhan Salim Khan vs State Of Maharashtra on 13 December, 2023
Author: Revati Mohite Dere
Bench: Revati Mohite Dere, Gauri Godse
906. IA 2211-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2211 OF 2023
IN
CRIMINAL APPEAL NO. 692 OF 2023
Farhan Salim Khan ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Gaurav Bhavnani i/b Mr. Abdul Wahab Khan for the Applicant.
Mr. S.V.Gavand, Addl.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 13th DECEMBER, 2023
:ORAL ORDER (PER REVATI MOHITE DERE, J) :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final
disposal of his aforesaid appeal.
906. IA 2211-2023.doc
3. The applicant, vide Judgment and Order dated 7 th June,
2023, passed by the learned Additional Sessions Judge, Borivali
Division, Dindoshi, Mumbai, in Sessions Case No. 229 of 2018, has
been convicted and sentenced alongwith other co-accused as under:
-- For the offence punishable under section 302 read with 34 of the
Indian Penal Code, to suffer rigorous imprisonment for life and to pay
fine of Rs. 5,000/-, in default to suffer simple imprisonment for one
month.
4. Perused the papers. According to the prosecution, the
incident took place on 16th April, 2018 between 2.00 p.m. to 2.30
p.m. There are two eye-witnesses to the alleged incident of assault by
the accused on the deceased - Abdul Kayyum Sayyad. According to
P.W.3 - Mohammd Amin Shaikh, on the day of incident, accused No.1
quarreled with the deceased and in that quarrel, he pulled out a knife
from his waist and assaulted the deceased in his abdomen. P.W.3 -
Mohammd Shaikh has not attributed any overtact to the present
906. IA 2211-2023.doc
applicant who is original accused No.3.
5. P.W.6 - Hasrat Gullu Badshaha Shaikh, also an eye-
witness, has turned hostile and as such, his evidence cannot be
considered.
6. There is an alleged oral Dying Declaration made by the
deceased to P.W.1 - Sachin Sonmali, Police Naik, attached to Amboli
Police Station, Mumbai. P.W.1 - Sachin, in his evidence has alleged
that the deceased disclosed to him that accused No.1 assaulted him
with a knife and that two sons of Salim i.e. Farhan (applicant) and
Nawab had held the injured i.e. deceased when accused No.1 inflicted
the blows of knife in the abdomen of the deceased. There is no
recovery or any other evidence qua the applicant. Prima facie, there is
some discrepancy with respect to what is alleged by the eye-witness
and in the oral Dying Declaration made by the deceased to P.W.1 -
Sachin.
7. Considering the aforesaid and the fact, that the applicant is
906. IA 2211-2023.doc
in custody since his arrest for about 5 years and having regard to the
fact that the appeal is of the year 2023 and is not likely to be heard in
the immediate near future, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail on the
following terms and conditions:
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond
in the sum of Rs. 25,000/- with one or two sureties in the like
amount;
ii) The applicant shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till his Appeal is
finally disposed of;
iii) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before
the trial Court, the learned Judge shall make a report to the High
906. IA 2211-2023.doc
Court and the prosecution would be at liberty to file an application
seeking cancellation of bail.
8. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
9. All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
