Khalil Musa Sayyad v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 81 OF 2024 Khalil Musa Sayyad ...Applicant
Versus
State Of Maharashtra
...Respondent
....
Mr. Aniket Vagal a/w Mr. Divesh Mehani, Mr. Kunal Pednekar, Advocate for the Applicant.
Mr. Y.Y. Dabake, APP for Respondent-State.
....
CORAM
: PRAKASH D. NAIK, J.
DATE : 17th JANUARY, 2024.
P.C.
:
1.
The Applicant is seeking bail in connection with C.R. No.172 of 2018 registered with Manmad Police Station, District Nashik for offences punishable under Sections 302, 120(B), 307, 324, 323, 452, 143, 147, 148, 149, 504, 427 r/w. 34 of Indian Penal Code, 1862 (for short 'IPC') and under Section 7-A of Criminal Law Amendment Act, 1995 and under Section 4(25) of by SUNNY ANKUSHRAO THOTE Date:
2024.01.20 16:56:13 +0530 SUNNY ANKUSHRAO THOTE Arms Act.
2.
The case of the prosecution is that, on 25th September, 2018, one Iliyas Sayyed and others hatched conspiracy and called the Applicant and other Accused at Ekta Nagar. The Accused armed with weapons such as sticks, chopper, rod, iron pipes and sword,
created terror at Ekta Nagar, caused damage to the vehicles and assaulted complainant's husband. He died during medical treatment. The First Information Report (for short 'FIR') was lodged on 25th September, 2018. On completing investigation, charge-sheet is filed.
3.
The Applicant had earlier preferred an Application for bail before this Court viz. Criminal Bail Application No.3298 of 2019, which has been rejected vide Order dated 17th February, 2020.
4.
The co-accused Nadim Salim Shaikh had preferred Criminal Bail Application No.3895 of 2023 before this Court. Vide Order dated 21st December, 2023, the co-accused Nadim Salim Shaikh has been granted bail by this Court on the ground that the said Accused was in custody for a period of five years. 5.
Learned Advocate for the Applicant submitted that the Applicant is in custody from 16th October, 2018. The charge was framed on 10th June, 2023. No witnesses are examined by the prosecution. The prosecution relies upon evidence of 66 witnesses. The trial is being delayed. The complainant had made an Application for appointment of Special Public Prosecutor. There is no Public Prosecutor in the case. Several persons were arrested. 21
persons are on bail and 14 persons are in custody. Co-accused Inzmam Salim Sayyed is granted bail by this Court vide Order dated 2nd February, 2023. Bail was granted to him on the ground of mistaken identity. Another Accused Iliyas Ismail Sayyed is granted bail by this Court vide Order dated 15th November, 2021, on the ground that no overtact was attributed to the said Accused. 6.
Learned APP submitted that there is sufficient evidence against the Applicant. The previous Application for bail preferred by Applicant was rejected vide Order dated 17th February, 2020. 7.
It is not disputed that the prosecution has not examined any witness. About 21 persons are on bail. The Applicant is in custody for 5 years. In the event, the trial is not concluded within 6 months. Vide Order dated 22nd June, 2023, there no chances of trial getting concluded shortly. The prosecution relies upon statements of about 66 witnesses. Considering this circumstances, case for grant of bail is made out.
ORDER
i.
Criminal Bail Application No.81 of 2024 is allowed; ii.
The Applicant is directed to be released on bail in connection with C.R. No.172 of 2018 registered with Manmad
Police Station, Nashik on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount; iii.
The Applicant shall report concerned Police Station once in a three months on every first Saturday of the month between 11:00 am to 2:00 pm till further orders. iv.
Bail Application stands disposed off.
(PRAKASH D. NAIK, J.)