Shabbu Rauf Khan vs. The State Of Maharashtra

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.966 OF 2013 MR.SHABBU RAUF KHAN )...APPLICANT V/s. THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS Mr.Satyavrat Joshi i/b. Mr.Subhash Hulyalkar Advocate for Applicant. Mrs.S.V.Sonawane APP for the State. CORAM: ABHAY M. THIPSAY, J. DATE : rd JULY, 2013. 3 P.C. : 1 Heard. 2 Since the period of three moths stipulated by the order dated 12.4.2013 is not over, the application is premature, so to say. 3 However, in the circumstances explained by the learned counsel for the applicant, instead of rejecting the application on that ground, it would be proper to consider it after 12.7.2013. 4 Stand over to 16.7.2013. (ABHAY M. THIPSAY, J.) avk 1/1

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.966 OF 2013 SHABBU RAUF KHAN )...APPLICANT V/s. THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS Mr.Satyavrat Joshi i/b. Mr.Subhash Hulyalkar Advocate for the Applicant. Mrs.G.P.Mulekar APP for the State. CORAM: ABHAY M. THIPSAY, J. DATE : 16th JULY, 2013. P.C. : 1 Heard Mr.Satyavrat Joshi, the learned counsel for the applicant, and Mrs.G.P.Mulekar, the learned APP for the State. 2 The previous application filed by the applicant was withdrawn by him, after submitting that the applicant be granted liberty to apply afresh for bail, should the trial not commence within a reasonable time. Liberty was granted by the court to the applicant to apply afresh for bail, in the event of the trial not commencing within a period of three months from the date of the receipt of the said order by the court. The order was passed on 12.4.2013. 3 I am informed that, though the said period is over, the trial has not yet commenced. The learned counsel for the applicant has produced a copy of the roznama of the trial court, which indicates that the trial has not yet commenced, and that, even a Charge has not yet been framed. 4 I have, therefore, considered the facts of the case, afresh. It is clear that though the participation of the applicant in the alleged incident, is indicated by the material in the chargesheet, the role attributed to the applicant is not as grave, as has been attributed to, two other accused. The applicant is alleged to have given a blow to the deceased by a pana on the wrist of the deceased. 5 The applicant is of 19 years. There are no antecedents. The applicant is in custody for a period of more than nine months. 6 Under these circumstances, I am inclined to grant one opportunity to the applicant of availing of liberty, subject to certain conditions. 7 The application is allowed. 8 The applicant is ordered to be released on bail in the sum of Rs.50,000/, with one surety in the like amount, or two sureties in the sum of Rs.25,000/ each, on the following conditions : i) The applicant shall not contact, meet or approach any of the prosecution witnesses, in any manner, whatsoever. ii) The applicant shall report to the Pimpri Police Station every Sunday, between 5.00 p.m. to 7.00 p.m., till the disposal of the case against him. (ABHAY M. THIPSAY, J.)