Rizwan Salim Khan Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 281 of 2024

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MHCC020019992024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 281 OF 2024
Rizwan Salim Khan
Occ.: Labour,
R/at : Mohd Rafi Nagar,
Part No.2, Govandi,
Shivaji Nagar, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Shivaji Nagar Police Station,
Mumbai)
…Respondent
Appearance :Ms. Tahseen Shaikh, Ld. Advocate for the Applicant.
Mr. J. N. Surywanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 13th February, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Shivaji Nagar police station in connection with Crime
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No.22/24 for the offence punishable under Sections 304-II, 304(A), 506
r/w 34 of IPC. It is further contention that as per the allegations in FIR
no role of applicant is attributed. Applicant is falsely implicated in this
case. Nothing is to be seized at the instance of applicant. Hence his
further custody is not required. It is further contention of applicant that,
applicant is respectable person in the society having responsibility of old
age of parents and child. Applicant is ready to abide any conditions
imposed by this Court. Hence, prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that alleged offence is serious. Investigation is in
progress. Other accused are involved in this case are yet to be arrested.
If, applicant is released on bail there is possibility of his absconding.
Hence, prayed for rejection of application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR, it reveals that incident occurred on 05.01.2024.
As per the allegation applicant taking electricity connection from the
house of informant there was some dispute between informant and
applicant. Due to leakage of current, wife of informant sustained
electricity shock and she died. It reveals from submissions that, nothing
is to be seized at the instance of applicant. Hence his further detention
is not required for the purpose of further investigation of the case. In
such circumstance, by imposing conditions applicant may be released
on bail. Hence I pass following order:ORDER
1.

Criminal Bail Application No. 281 of 2024 is allowed.

2.

Applicant/accused Rizwan Salim Khan be released on bail on
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their furnishing P.R. and S.B. Bond of Rs.25,000/- along with one
or more sureties in the like amount in connection with C.R.
No.22/2024 registered with Shivaji Nagar police station.
3.

Applicant/accused is directed to appear before police as and
when required of further investigation till filing of the chargesheet.

4.

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

5.

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.

6.

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

7.

Bail before learned Court below.

8.

Criminal Bail Application No.281 of 2024 stands disposed off
accordingly.

Date : 13.02.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 13.02.2024
HHJ signed on
: 13.02.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Name of the Judge (With Court
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
Order is prepared by Presiding Officer
HHJ SHRI. A. A. KULKARNI (CR 22)
of
13.02.2024
JUDGMENT /ORDER signed by
P.O. on
13.02.2024
JUDGMENT /ORDER uploaded
on
13.02.2024