Bombay High Court

ASIF KHAN NAWAB KHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: R M JOSHI

Holding

The application is allowed, imposing specific undertakings as bail conditions and providing that any breach will lead to cancellation of bail.

Summary

The applicant, Asif Khan Nawab Khan, sought additional time to take instructions regarding photographs and NCs presented by the second respondent. He subsequently filed an affidavit voluntarily undertaking not to enter the local limits of Aurangabad, not to contact the informant or her family, and not to visit the informant's college or locality until the conclusion of a pending trial in Special Case No. 698/2025. The second respondent expressed satisfaction with this undertaking, and the court accepted the affidavit as a binding undertaking. Consequently, the High Court allowed the application, granting the bail conditions specified in prayer clauses ‘B’ and ‘D’, and warned that any breach, even once, would result in cancellation of bail. The court also quantified fees for the appointed counsel for the second respondent at Rs.10,000, to be paid by the High Court Legal Aid Services Sub‑Committee.

Issues considered

What conditions may be imposed on bail in a criminal application pending a special trial?
Whether an affidavit undertaking by the accused can be accepted as a binding condition for bail?
Consequences of breach of bail conditions in the present case

Subjects

bail
undertaking
breach of conditions
High Court
criminal application
Special Judge
legal aid

Judgment

2026:BHC-AUG:28990
                                                                  930-APPLN-1403-2026.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 1403 OF 2026

                                     Asif Khan Nawab Khan
                                            VERSUS
                             The State Of Maharashtra And Another
                                               ...
          Mr. R. M. Shaikh, Advocate for Applicant
          Mr. S. B. Narwade, APP for Respondents
          Ms. R. S. Kulkarni, Advocate for Respondent No. 2 (appointed)
                                               ...

                                                          CORAM : R.M. JOSHI, J
                                                          DATE  : JULY 17, 2026

          P. C. :

          1.          This Application was heard yesterday. Learned Counsel for the

          Applicant had sought time to take instructions with regard to photographs

          and NC’s placed on record by the Counsel for Respondent No.2.


          2.          Today, learned Counsel for the Applicant filed affidavit of the

          Applicant making voluntary statement that he will not enter the local limits

          of Aurangabad City till conclusion of trial in Special Case No. 698/2025

          pending before Special Judge, Aurangabad. He has further undertaken not

          to contact informant or her family members and not to visit college of the

          informant or locality where informant and her family resides.


          3.          Learned Counsel for Respondent No. 2 records satisfaction to

          the undertaking given by way of affidavit.



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                                                           930-APPLN-1403-2026.odt



4.            The affidavit and the statements in the affidavit, more

particularly, statements made in paragraph 2 thereof are accepted as an

undertaking to this Court.


5.            In view of above, Application stands allowed in terms of prayer

clauses ‘B’ & ‘D’.


6.            It is clarified that breach of conditions even on single occasion

will result into cancellation of bail.


7.            Fees of appointed Counsel for Respondent No. 2 is quantified @

Rs.10,000/- (Rupees Ten Thousand Only).


8.            Secretary, High Court Legal Aid Services Sub-Committee,

Aurangabad to paid fess to appointed Counsel.


                                                      (R. M. JOSHI, J.)
Malani




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