Bombay High Court
Salman Mohammad Salim Khan vs The State Of Maharashtra And Anr on 31 July, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
BA 1983-19.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1983 OF 2019
Salman Mohammad Salim Khan .Applicant
Vs.
The State of Maharashtra & anr. .Respondents
Mr. Kuldeep S. Patil a/w Mr. Hitesh Dabhi, Advocate, for the Applicant
Mr. V. V. Gangurde, APP, for the Respondents - State
CORAM : REVATI MOHITE DERE, J.
DATE : 31.07.2019
P.C.
. Heard learned counsel for the parties.
2. By this Application, the Applicant seeks his enlargement on
bail in connection with C. R. No. 450 of 2018 registered with the
Byculla RPF Police Station, Mumbai, for the alleged offence punishable
under Section 143 of the Railways Act.
3. Perused the papers. It appears that the learned Additional
Sessions Judge, Mumbai vide order dated 04.06.2018 had enlarged the
Applicant on bail, pursuant to the undertaking given by the Applicant
that he will deposit Rs. 20,00,000/-, within 45 days from the date of the
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order. Instead of depositing the said amount, as per the undertaking, the
Applicant filed an Application seeking relaxation of the condition of the
order of deposit of Rs. 20,00,000/-. The learned Sessions Judge vide
order dated 20.07.2018 rejected the said Application seeking relaxation
of the condition of deposit and cancelled the bail of the Applicant
granted vide order dated 04.06.2018 and directed the Applicant to be
taken in custody. The said order cancelling the Applicant's bail was
challenged by the Applicant in this Court. This Court
( Coram : Prakash D. Naik, J. ) vide order dated 27.09.2018 dismissed
the Applicant's Petition, as the Applicant had breached the undertaking.
Today, learned counsel for the Applicant has brought a Demand Draft of
Rs. 20,00,000/- drawn in the name of the Registrar, High Court
( Appellate Side ), Mumbai. He states that the said Demand Draft would
be deposited by 05.08.2019. The Applicant is depositing the said
amount of Rs. 20,00,000/- without prejudice to his rights & contentions
and the learned trial Court shall pass appropriate orders with respect to
the said amount, at the end of the trial. Learned counsel for the
Applicant states that the Applicant will not file any Application seeking
withdrawal of the said amount. Statement accepted.
4. In view of the aforesaid, the Application is allowed and the
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Applicant is enlarged on bail on the following terms & conditions :-
ORDER
(i) The Applicant be enlarged on cash bail in the sum of Rs. 30,000/-, for a period of six weeks;
(ii) The Applicant shall within the said period of six weeks, furnish P. R. Bond in the sum of Rs. 30,000/- with one or two sureties in the like amount;
(iii) The Applicant to deposit the Demand Draft of Rs. 20,00,000/- in the Registry of this Court on or before 05.08.2019;
(iv) The Applicant shall not leave Mumbai / Thane without the prior permission of the trial Court;
(v) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;
(vi) The Applicant to co-operate with the conduct of the trial and attend all the dates before the trial Court, unless exempted.
5. The Application is allowed in the aforesaid terms and is accordingly disposed of.
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6. It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
All concerned to act on the authenticated copy of this order.
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