Sohel Yasin Shaikh v. The State Of Maharashtra

1 910.249.19 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 249 OF 2019 Sohel Yasin Shaikh .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Hassnain Kaazi Sayyed advocate for the applicant Mr. S. S. Hulke APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 24, 2019.

P.C.

After the arrest on 26/09/2017 in Crime No. 191/2017 registered with Samarth Police station, Pune for an offence punishable under sections 307, 141, 143, 148, 149, 504 r/w 34 of the Indian Penal Code and Section 4 (25) of the Arms Act, applicant came to be charge-sheeted.

As per the prosecution story, applicant armed with sword alongwith co-accused Hidayat has assaulted victim Shahabaz and Suyash.

2 910.249.19 ba.doc The statement of the eye witnesses and the contents in the F.I.R. won't co-relate with that of role attributed to the applicant. The said statements and the injury certificate prompts this Court to infer that the role attributed to the extent of allegation made against the main accused Hidayat Shaikh hold some substance. There are no criminal antecedents against the applicant and he is behind bar for almost more than one and half year. That being so, case for grant of bail is made out. Hence, following order: (A) Applicant be released in Crime No. 191/2017 registered with Samarth Police station, Pune on furnishing P.R. bond in the sum of Rs. 15,000/- with one or more sureties in the like amount.

(B) Applicant shall not influence witnesses or tamper with evidence.

(C) Applicant, if found in similar type of offence, prosecution will be at liberty to move for cancellation of bail. Application stands disposed of.

[NITIN W. SAMBRE, J.]