MOHAMMED KHAN AHMED KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner and others are alleged to have entered into house of one Sinu where deceased Hyder Ali, Raji Ahmed, Nasik and Sinu were sitting consuming liquor. Hyder Ali was assaulted by means of knives and was done to death and thereafter the assailants ran away. Hyder Ali was admitted to Rajawadi Hospital, where he was declared dead. This incident took place on 1-9-1991 at 9.15 p.m. The petitioner came to be arrested on 6th September 1991 and since then he is in jail.

(2.) APART from other person the entry in the BPR Register kept in the Hospital simply mentions that 5/6 unknown persons assaulted the deceased. The order circumstances I find that the petitioner is in jail since last 5 years and there is no possibility of the trial being commenced immediately and in the circumstances, petitioner be granted bail subject to cerying conditions. Accordingly, petitioner is directed to be released on bail on furnishing solvent surety to the extent of Rs.10,000.00 (ten thousand) and PR bond be like amount on condition that he shall report to Kurla west Police Station every day at any time between 10 a.m. to 8 p.m. and he shall not enter the area of Nehru Nagar Police Station. However, petitioner is permitted to meet his father within the limits of Nehru Nagar Police Station by giving intimation thereof to Kurla Police Station and Nehru Nagar Police Station.