2024:BHC-AS:9780
PMB
905.ba.704-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.704 OF 2024
IMRAN KHAN KARIM KHAN ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
------------
Adv. Aniket Vagal a/w Adv. Divesh Mehani a/w Adv. Savvy
Kolhekar a/w Adv. Kunal N. Pednekar for the applicant.
Mr. S. V. Walve, APP for the State.
------------
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 29, 2024
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail in respect of the offence
punishable under Sections 302, 120-B, 307, 324, 323, 452,
143, 147, 148, 149, 504, 506, 427 read with 34 of the
Indian Penal Code (hereafter ‘IPC’ for short), under Section
7A of the Criminal Law Amendment Act and under Sections
4, 25 of the Arms Act registered on 26.09.2018 vide C.R.
No.172 of 2018 with Manmad City Police Station, District
Nashik.
1/5
PMB
905.ba.704-24.doc
3. In respect of the co-accused – Imran Ismail Sayyed
this Court in Bail Application No.3896 of 2023 has granted
bail. The relevant portion of the order dated 01.02.2024
reads thus :-
“2. This is a second application for bail filed by the
applicant. The first bail application was withdrawn by the
applicant by the order dated 21.09.2023 with liberty to file
an application after six months if the trial does not
progress substantially. There are in all 36 accused. The
applicant is the accused No.4. The applicant is seeking bail
in connection with C.R. No.172 of 2018 registered with
Manmad Police Station, District Nashik for offences
punishable under Sections 302, 120(B), 307, 324, 323,
452, 143, 147, 148, 149, 504, 506, 427 read with 34 of
the Indian Penal Code, 1860 and under Section 7-A of
Criminal Law Amendment Act, 1995 and under Section
4(25) of Arms Act.
3. The case of the prosecution in brief is that on
25.09.2018 one Iliyas Sayyed and others hatched
conspiracy and called the applicant and other accused at
Ekta Nagar. The accused armed with weapons such as
sticks, chopper, rod, iron pipes and sword, created terror at
Ekta Nagar, caused damage to the vehicles and assaulted
complainant’s husband. He died during medical treatment.
The FIR was lodged on 26.09.2018. On completing
investigation, charge-sheet is filed.
4. The applicant was arrested on 02.10.2018 and is now
in custody for more than five years and three months. The
trial Court has framed the charges after this Court had
directed that the charges being framed in a time bound
manner. There is a recovery of a sword and chopper at the
instance of the present applicant. The statement of the eye
witness reveals that the mob of around 36 persons
assaulted the victim. The victim suffered as many as 14
injuries. The assault was brutal. Prima facie I find that
there is no specific role attributed to the present applicant
but then generally the case that the accused assaulted the
victim with deadly weapons as even the applicant was
2/5
PMB
905.ba.704-24.doc
armed with a deadly weapon. There is recovery of a sword
and chopper at his instance. There is another co-accused
from whom the sword has been recovered.
5. This Court by an order dated 22.06.2023 in respect
of the co-accused – Nadim Salim Shaikh while rejecting his
bail application observed that in the event the trial is not
concluded within a period of six months from 22.06.2023,
the applicant – co-accused will be at a liberty to prefer
fresh application for bail before this Court. As indicated
earlier and even thereafter this Court by an order dated
21.09.2023 while allowing the applicant to withdraw the
bail application granted liberty to file an application after
six months if the trial does not progress substantially, in
this period there has been no progress in the trial. There
are 66 witnesses the prosecution intends to examine. In
view of the length of the incarceration coupled with the
fact that the trial is unlikely to conclude any time soon and
in the facts and circumstances of the present case I am
inclined to enlarge the applicant on bail.
6. There are criminal antecedents reported against the
applicant. Though I am not inclined to deprive the facility
of bail to the applicant only on the ground of criminal
antecedents, however I propose to impose stringent
conditions while enlarging the applicant on bail taking an
overall view of the matter.”
4. The application is opposed by learned APP.
5. There are no criminal antecedents reported against
the applicant. There is no recovery from the applicant. The
applicant is the accused No.11. The applicant was arrested
on 26.09.2018. On the ground of parity with the co-accused
– Imran Ismail Sayyed and considering that the applicant is
in custody for more than five years and six months, for the
3/5
PMB
905.ba.704-24.doc
same reasons as in the order dated 01.02.2024, I am
inclined to enlarge the applicant on bail. Hence, the
following order :-
O R D E R
(a) The application is allowed.
(b) The applicant-Imran Khan Karim Khan in
connection in connection with C.R. No.172 of 2018
registered with Manmad City Police Station shall be
released on bail on his furnishing P.R. Bond of
Rs.50,000/- with one or more sureties in the like
amount.
(c) The applicant shall attend the Investigating
Officer of Manmad City Police Station once in a month
every first Saturday of the month between 11.00 a.m.
and 1.00 p.m.
(d) 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
him from disclosing the facts to Court or any Police
Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall
furnish his contact number and residential address to
the Investigating Officer and shall keep him updated,
in case there is any change.
4/5
PMB
905.ba.704-24.doc
(f) Except for attending the trial and for the purpose
of reporting to the Investigating Officer, the applicant
shall not enter the area of Nashik District after being
released on bail, till the trial concludes.
(g) The applicant shall attend the trial regularly. The
applicant shall co-operate with the trial Court and shall
not seek unnecessary adjournments.
6. The application is disposed of.
(M. S. KARNIK, J.)
5/5
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 29/02/2024 19:57:26