Created by Fuzzy Cloud

Bombay High Court

AKRAM ASLAM KHANversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that under Section 436A of the Code of Criminal Procedure the applicant is entitled to bail by default, and therefore bail was granted subject to conditions.

Summary

The applicant, Akram Aslam Khan, filed a bail application under Section 439 of the Code of Criminal Procedure seeking release in a case involving offences under IPC Sections 393 and 34 and the Maharashtra Control of Organised Crime Act. Although the prosecution alleged him to be a gang leader, the court noted that Section 436A of the CrPC provides a default right to bail. The applicant had already served 5 years and 8 months of a possible 10-year sentence, and the trial was nearly complete with only one witness remaining. Considering the statutory provision, the court granted bail subject to a cash bond, surety, reporting requirements, and other conditions to prevent tampering with evidence. The bail was ordered to be effected immediately, and any breach of conditions would lead to revocation.

Issues considered

  • Whether bail can be granted under Section 439 of the CrPC to an accused alleged to be a gang leader and charged with serious offences under the IPC and MCOC Act.
  • Whether the default entitlement to bail under Section 436A overrides concerns of seriousness and the stage of trial.

Legislation cited

Subjects

  • bail
  • Section 439
  • Section 436A
  • organized crime
  • gang leader
  • IPC
  • MCOC Act
  • conditions of bail
  • criminal procedure

Judgment

                                                                          46.BA.2438.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO.2438 OF 2026

              Akram Aslam Khan                                       .. Applicant
                         Versus
              The State of Maharashtra                               .. Respondent
                                        ....................
               Mr. Vinod Kashid a/w. Mr. Sumit Bhoite, Advocates for Applicant.
               Ms. Rajeshree Newton, APP for Respondent.
               HC/592 – K. M. Kakad, Mumbai Naka Post, Nashik
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : AUGUST 18, 2026
              P.C.:

              1.       Heard Mr. Kashid, learned Advocate for Applicant and Ms.

              Newton, learned APP for Respondent.


              2.       This is an Application under Section 439 of Code of Criminal

              Procedure, 1973 seeking Bail in connection with C.R. No.247 of 2017

              registered with Mumbai Naka Post, Nashik for offences punishable

              under Sections 393 and 34 of the Indian Penal Code, 1860 and under

              Sections 3(1)(ii) and 3(2)(4) of the Maharashtra Control of Organised

              Crime Act, 1999 (for short ‘MCOC Act’).


              3.       The case of Applicant deserves to be allowed and

              notwithstanding the fact that he is a gang leader as alleged by the

              prosecution, he deserves to be released on Bail for the simple reason

              that the statutory provision under Section 436A of the Code of



                                                                                      1 of 3
                                                         46.BA.2438.2026.doc


Criminal Procedure, 1973 gives the benefit to the Applicant by default.


4.        Applicant is indicted in the present offence for which

maximum punishment is upto 10 years under Section 392 of the Indian

Penal Code, 1860. He has already undergone 5 years and 8 months of

incarceration. On the flip side in so far as the trial is concerned, the

prosecution trial is almost over, save and except examination of one

witness which I am informed by the learned prosecutor will be

completed on 21.08.2026. However, in view of the aforesaid statutory

provision, Applicant is released on bail subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 247 of 2017;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty

                Thousand only) with one surety of the like amount;

          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month on the first

                Monday of the month between 10:00 a.m. to 12:00

                p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

                exempted    and    will   not   take   any   unnecessary

                adjournments, if he does so it will entitle the


                                                                     2 of 3
                                                                                       46.BA.2438.2026.doc


                                              prosecution to apply for revocation of this order;

                                 (v) Applicant shall not leave the State of Maharashtra

                                              without prior permission of the Trial Court;

                                 (vi) Applicant shall not influence with any of the witnesses

                                              or tamper with the evidence in any manner;

                                 (vii) Applicant shall keep the Investigating Officer informed

                                              of his current address and mobile contact number and /

                                              or change of residence or mobile details, if any, from

                                              time to time, as applicable; and

                                 (viii)Any infraction of the conditions shall entail cancellation

                                              of bail granted to the Applicant.

               5.                Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                           [ MILIND N. JADHAV, J. ]

                            Digitally signed by
               HARSHADA HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.08.19
                            10:17:18 +0530




                                                                                                   3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.