The Court of Sessions for Greater Mumbai has granted regular bail to Rizwan Salim Khan, who was arrested in connection with the death of a woman due to an electric shock. H.H. Additional Sessions Judge A. A. Kulkarni (C.R. No. 22), in an order dated February 13, 2024, in Criminal Bail Application No. 281 of 2024, ruled that the applicant’s further detention was unnecessary as “nothing is to be seized” at his instance and his custody was no longer required for the purpose of the ongoing investigation. Mr. Khan was charged under the serious non-bailable offense of Section 304-II (Culpable Homicide Not Amounting to Murder), along with Section 304A (Causing Death by Negligence) and Section 506 (Criminal Intimidation) read with 34 of the IPC, registered under C.R. No. 22/2024 at Shivaji Nagar Police Station.

The Allegations: Dispute Over Electricity Connection

The core of the case revolves around a tragic incident that occurred on January 5, 2024:

• The Dispute: The FIR alleged that there was an ongoing dispute between the informant and the applicant over an electricity connection that the applicant was purportedly drawing from the informant’s house.
• The Incident: Due to a leakage of current from this connection, the informant’s wife sustained an electric shock and died.
• The Charges: The police registered the case under the severe section of 304-II IPC, suggesting the applicant may have had knowledge that his actions were likely to cause death, not just mere negligence.

Defense Argument: No Role Attributed and Family Responsibility

The applicant’s counsel, Ms. Tahseen Shaikh, argued vehemently for bail, asserting that:

1. False Implication: The applicant was falsely implicated and that “no role of applicant is attributed” in the allegations of the FIR.
2. No Seizure Required: Crucially, she argued that nothing was to be seized from the applicant, and therefore, his custodial interrogation was complete.
3. Family Ties: Mr. Khan was described as a respectable person with the responsibility of old-age parents and a child, underscoring his roots and commitment to society.
4. Cooperation: The applicant was ready to abide by any conditions imposed by the Court.

Prosecution’s Opposition: Seriousness and Pending Arrests

The Ld. APP, Mr. J. N. Surywanshi, and the investigating officer opposed the application on the grounds that the alleged offense was serious and the investigation was still in progress. They also highlighted that “other accused are involved in this case are yet to be arrested,” raising the possibility that the applicant might abscond if released on bail, thereby hampering the ongoing effort to apprehend other co-accused.

Judicial Rationale: Focus on Investigative Necessity

Judge Kulkarni acknowledged the seriousness of the death resulting from the electric current leakage but placed overriding importance on the immediate needs of the investigation. The Court specifically noted the submissions regarding the status of the material evidence:

• Custodial Utility Ended: The decisive factor for the Court was the consensus that “nothing is to be seized at the instance of applicant.” The Judge concluded, “Hence his further detention is not required for the purpose of further investigation of the case.”
• Mitigation of Flight Risk: By imposing strict conditions, the Court determined that the risk of the applicant absconding could be mitigated, allowing the principle of liberty to prevail where custodial utility had ceased. While the seriousness of the charge was noted, the fact that the applicant’s direct involvement was limited to the dispute over the connection, and the lack of a need for physical recovery, weighed heavily in his favour.

Conditions Imposed for Release

The Criminal Bail Application No. 281 of 2024 was allowed. Rizwan Salim Khan was ordered to be released on bail upon furnishing a P.R. & S.B. Bond of ₹25,000/- along with one or more sureties in the like amount, subject to the following conditions:

• Cooperation: The applicant is directed to appear before the police as and when required for further investigation till the filing of the charge-sheet.
• Non-Tampering: He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, nor dissuade them from disclosing facts to the Court or police.
• Jurisdiction: The applicant shall not leave India without the previous permission of the Court.
• Information: He must furnish his residential address proof and contact numbers to the Investigating Officer.

This order demonstrates the Court’s pragmatic approach to bail, prioritizing the exhaustion of investigative needs over mere symbolic detention, even in cases involving serious charges like culpable homicide.