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
- Code of Criminal Procedure, 1973 — s. 436A, 439
- Indian Penal Code, 1860 — s. 34, 392, 393
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2)(4)
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
Checking your session…