Mohd. Alam Abbas Khan vs The State Of Maharashtra
2023 Latest Caselaw 238 Bom

           Digitally signed
           by CHITRA
           SANJAY
CHITRA     SONAWANE
SANJAY     Date:
SONAWANE   2023.01.10
           10:52:30
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                                                                                   37-IA-3423-2021.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                                    INTERIM APPLICATION NO.3423 OF 2021
                                                          IN
                                             APPEAL NO.1356 OF 2018
           Mohammad Alam Abbas Khan                       ...          Applicant/Appellant.
                              Vs.
           The State of Maharashtra                       ...          Respondent.


           Mr.Yakub Shaikh (appointed),Advocate for Applicant/Appellant.
           Smt. MM Deshmukh, APP for the State.
                                                  ...
                                             CORAM :      NITIN W. SAMBRE &
                                                          R. N. LADDHA, JJ

                                             DATED :      7th JANUARY, 2023.
           P.C.:

           1.        This is an application under Section 389 of Cr.P.C. seeking

           suspension of sentence and for grant of bail.

           2.        The Sessions Court convicted the Applicant/Accused vide

           Judgment           and    order    dated     27.4.2018       thereby    awarding       life

           imprisonment.

           3.                 The case of the prosecution rests on circumstantial

           evidence.          From the record, it is apparent that the only incriminating

           material which is considered against the Appellant is the evidence of


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                                                               37-IA-3423-2021.doc


PW 7 who has seen the Appellant taking the red colour suitcase/bag.

The said bag claimed to have been handed over by PW 10 to one

Chandani, however, neither Chandni is examined so as to establish the

said fact of having received the bag and handing over the same to the

appellant/accused, nor the discovery of bag could be said to be at the

instance of the Appellant.

4.      In that view of the matter, it is difficult to accept the case of the

prosecution, particularly when the same is resting on circumstantial

evidence. Hence, the following order.

                                  ORDER

i) The application is allowed.

ii) The Applicant be released on bail, on furnishing PR Bond of

Rs.25,000/- with one or two local sureties in the like amount.

iii) The Applicant shall neither influence the witnesses

nor tamper with the evidence.

iv) The Applicant shall attend the police station once in

every 10 weeks till the conclusion of the trial.

     (R. N. LADDHA, J)                             (NITIN W. SAMBRE, J.)




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