Supreme Court - Daily Orders
Asif Khan S/O Yusuf Khan vs State Of Maharshtra on 20 August, 2015
Bench: T.S. Thakur, V. Gopala Gowda
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ITEM NO.9 COURT NO.2 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8580/2014
(Arising out of impugned final judgment and order dated 01/10/2014
in CRLA No. 5065/2014 passed by the High Court Of Bombay)
ASIF KHAN S/O YUSUF KHAN Petitioner(s)
VERSUS
STATE OF MAHARSHTRA Respondent(s)
(with appln. (s) for impleadment and interim relief and office
report)
Date : 20/08/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR
HON'BLE MR. JUSTICE V. GOPALA GOWDA
For Petitioner(s) Mr. Sanjay Kharde, Adv.
Mr. Preshit Surshe, Adv.
Mr. Sunil Kumar Verma,Adv.
For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar,Adv.
Mr. Shirish K. Deshpande,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
(Shashi Sareen) (Veena Khera)
AR-cum-PS Court Master
Signature Not Verified
(Signed order is placed on the file) Digitally signed by Shashi Sareen Date: 2015.08.22 05:31:21 IST Reason: 2 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1088 OF 2015 (Arising out of SLP(Crl.) No. 8580 of 2014) ASIF KHAN S/O YUSUF KHAN ... Appellant(s) Versus STATE OF MAHARASHTRA ... Respondent(s) O R D E R Leave granted.
The High Court has declined anticipatory bail to the appellant in connection with FIR No. 1-332 of 2014 registered at CIDO Police Station, Aurangabad for offences punishable under Sections 307, 498A, 323, 504, 506, 109 read with Section 34 of the Indian Penal Code.
When the petition initially came up before us on 07.11.2014, we had while issuing notice protected the appellant against arrest. We are informed by learned counsel for the appellant that the investigation in the case is almost complete and charge-sheet is likely to be filed, if not already filed. He submits that the appellant is working as a clerk and Secretary to an educational institution in which the complainant is also employed as a Head-Mistress.
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In the circumstances therefore and keeping in view the nature of the allegations made against the appellant as also the fact that the investigation is almost complete, we are of the view that the protection granted by us on 07.11.2014 ought to be made absolute pending disposal of the case by the court concerned. We accordingly allow this appeal and set aside the order passed by the High Court and direct that in the event of arrest of the appellant in connection with FIR No. 1-332 of 2014 for the offences, mentioned above, he shall be released on bail on his furnishing bail bonds in a sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Officer effecting the arrest.
..................J. (T.S.THAKUR) ...................J. (V.GOPALA GOWDA) New Delhi, 20th August, 2015.