Shanawaj Sajid Ali Shaikh v. State Of Maharashtra

44-ba-596-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 596 OF 2023 Shanawaj Sajid Ali Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Satyavrat Joshi i/b Ms. Shivani Kondekar for the Applicant. Mr. A.A. Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

17.04.2023 P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 161 of 2022 registered at Nigdi Police Station, District Pune, for the ofences punishable under Sections 307, 323, 506 read with 34 of the Indian Penal Code (IPC), Sections 4 and 25 of The Arms Act. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

4.

According to the prosecution, on the date of incident which took place on 15 March 2022, dispute arose between the present applicant and some of the co-accused on one side and co-brother of the complainant on the other hand. It is alleged that when the complainant and his family members came to know about it and were going to the house of the co-brother of the complainant, at Darshan P. Patil 1/2

44-ba-596-23.doc that time the present applicant and other co-accused assaulted them by knife, stone etc. and attempted to kill them, as they thought that the complainant and his family members came to assault them.

5.

The applicant is in jail for more than a year. There are no other criminal antecedents. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Application is allowed.

B] The applicant be released on bail in C.R. No. 161 of 2022 registered at Nigdi Police Station, District Pune, for the ofences punishable under Sections 307, 323, 506 read with 34 of the IPC, Sections 4 and 25 of the Arms Act, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C] The applicant shall not enter into the jurisdiction of Nigdi Police Station till the conclusion of the trial. [N.R.BORKAR, J.] Darshan P. Patil 2/2