The Bombay High Court's Aurangabad bench on Tuesday granted interim anticipatory bail to AIMIM corporator Meraj Khan Jalil Khan in an attempted murder case registered by the City Chowk police station.
The bench of Justice Mehroz K Pathan directed the investigating officer to make available the investigation papers on June 15, when the matter is scheduled for the next hearing.
Taking into consideration the submissions advanced by the learned counsel for the applicant, the nature of allegations in the FIR, the chart showing acquittal of the applicant in previous cases, and the fact that the applicant is a sitting corporator, I am inclined to protect the applicant till the investigation papers are seen. The apprehensions expressed by the learned APP and the learned assisting counsel can be addressed by imposing stringent conditions, Justice Pathan said.
Adv Abhaysinh Bhosale, representing Khan, submitted that the case against his client was politically motivated and initiated by his political rival and former corporator Rafat Yar Khan, and the only allegation against his client was that of being part of a conspiracy. He further argued that Meraj Khan's son has also been arraigned in the case on charges of assaulting the complainant. However, Meraj Khan had no criminal cases pending against him and has been acquitted in all earlier cases, the lawyer submitted.
The prosecution opposed the plea, submitting that Meraj Khan, a sitting corporator from the city, has been accused of being part of a deep-rooted conspiracy along with his brother and son in an alleged assault case in which the complainant Rafat Yar Khan sustained grievous injuries.
As per the prosecution, the attack was carried out by 8-10 people, including Meraj Khan's son, while the role of the corporator was part of a larger conspiracy.
The bench, while granting the interim relief, imposed conditions on Meraj Khan, including mandatory attendance before the investigating officer every Saturday and Sunday between noon and 2 pm; a bar on entering the jurisdiction of City Chowk police station except for investigation purposes with prior permission from the Commissioner of Police; and an order to cooperate with the probe and not to influence witnesses or tamper with evidence.
