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MHCC020036302024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.564 OF 2024
Irfan Hazrat Ali Khan
Age: 28 years, Occ. Driver,
R/at : Vishwashakti Chawl, Annu Bhau Sathe
Nagar Mankhurd, Mumbai 43.

…Applicant/Accused
Vs.
The State of Maharashtra
(Through Mankhurd police station)
…Respondent/State
Appearances :Mr. Wahab Khan Ld. Advocate for applicant/accused.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 21st March, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by police in connection with Crime No.658/2023 for the
offence punishable under Sections 302 of Indian Penal Code r/w.

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Section 37(i)(a), 135 of Maharashtra Police Act registered by Mankhurd
police station. It is further contention that applicant is falsely implicated
in this case, investigation of case is completed and charge sheet is filed
against applicant. Applicant is permanent resident of Mumbai. He is
only earning member of his family. Applicant further submit that he is
ready to abide if any condition imposed by Court. Hence, prayed for
grant of bail.
4.

Ld. APP and investigating officer opposed application. It is
their contention that offence lodged against accused is serious. Prima
facie involvement of applicant is disclosed. Applicant and informant is
residing in same locality. The presence of accused has been marked in
the CCTV footage while going to the crime and returning after
committing the crime. Therefore, if applicant is released on bail he will
tamper with the prosecution evidence and hence prayed for rejection of
application.
5.

In view of submission from both the sides and taking in to
consideration documents on record it show that, incident occurred on
10.12.2023. As per the case of prosecution deceased went to the house
of Irfan to demand his mobile, there was quarrel between them.
Deceased attempted to assault applicant by knife, applicant took that,
knife and assaulted deceased and caused injury.

During treatment
deceased died. It is further case of prosecution that, statement of
deceased was recorded prior to his death, in that statement, deceased
stated that one Adil assaulted him. Adil was arrested by police during
investigation, as no evidence was found against him, he was discharged
by police for want of evidence as per Section 169 of Cr.P.C. It is further
case of prosecution that, on verification of CC TV footage near the spot,
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from the system installed by police presence of applicant, near the spot
and he was running after incident was noticed.

Hence applicant is
arrested in this case.
6.

From the case of prosecution and evidence collected during
investigation it is on record that, there is dying declaration of deceased
wherein name of Adil is stated by the deceased. It is on record that,
Police seized weapon from applicant. In brief the evidence collected
against applicant is circumstantial evidence. It is required to be proved
during trial. There is no eye witness of the incident nor any direct
evidence connecting applicant with the alleged incident. In such
circumstances nothing is to be seized at the instance of applicant.
Applicant is not having any criminal antecedents. Hence there is no
need of further detention during trial. In view of protecting interest of
prosecution by imposing conditions application may be released on bail.
Hence I pass following order:ORDER
1.

Criminal Bail Application No.564 of 2024 is allowed.

2.

Applicant/accused Irfan Hazrat Ali Khan be released on bail on
his furnishing P.R. and S.B. Bond of Rs.50,000/- along with one or
more sureties in the like amount in connection with C.R.
No.658/2023 registered with Mankhurd police station.

3.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

4.

Applicant/accused 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 such facts
to the Court or to any Police Officer.

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5.

Applicant/accused shall not leave India without previous
permission of the Court.

6.

Bail before learned Court below.

7.

Criminal Bail Application No.564 of 2024 stands disposed off
accordingly.

Date : 21.03.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 22.03.2024
HHJ signed on
: 22.03.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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5.30 p.m.

Mrs. Manasi Kadam
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Date
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Pronouncement
JUDGMENT/ORDER
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HHJ A. A. KULKARNI
(Court Room No. 22)
21.03.2024
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