Abdul Hamid Abdul Kuddus Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1015 OF 2016 ABDUL HAMID ABDUL KUDDUS SHAIKH )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Aniket Vagal, Advocate for the Applicant.

Mr.H.J.Dedhia, APP for the Respondent - State. P.S.I. R.K.Jadhav, Shivaji Nagar Police Station, present in court.

CORAM

:

P. N. DESHMUKH, J.

DATE :

11th AUGUST 2016 P.C. :

Learned counsel for applicant has placed on record copy of charge-sheet stated to be filed against co-accused Imran. Copy of same is also supplied to learned APP.

Heard learned counsel for both the sides. From the copy of charge-sheet filed against accused Imran, as name of applicant is shown as wanted accused there, applicant is apprehending his arrest in the present crime, which came to be registered on the basis of report lodged by Irfan Shaikh. Learned counsel for applicant has submitted that investigation is complete. Weapon of assault is also stated to be recovered from the arrested accused. Said aspect is not disputed by avk 1/3

learned APP. It is submitted that the only role attributed to applicant is that at the time of incident, he has given a call to complainant, upon which he came out of his house and was subjected to assault by coaccused. It is, therefore, prayed that application be allowed by imposing suitable condition upon the applicant. Perused the report dated 22nd April 2016 vide which it is stated by complainant Irfan that on 21st April 2016 at 10.00 p.m. while he was present in the house, he heard some call and on attending to it found that he was called by applicant, whom he was knowing, who was accompanied with accused Imran and Ashfaque (against whom chargesheet is yet to be filed). According to the report, in a quarrel which took place between them, applicant is stated to have abused him and assaulted him by fist blows, while accused Imran and Ashfaque had assaulted by sword on his head.

Admittedly, on arrest of accused Imran and Ashfaque, swords are recovered at their instance.

Having considering the role attributed to applicant of his calling complainant out of his house, application is liable to be allowed by imposing suitable condition upon the applicant, so as to facilitate investigation, as per order below :

i) In the even of arrest of applicant in Crime No.164 of 2016 registered with Shivaji Nagar Police Station, he shall be released on bail on his executing P.R.Bond in the sum of Rs.20,000/- with one surety in like amount.

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ii) Applicant shall mark his presence with Investigating Officer as and when called till the filing of chargesheet. iii)Applicant shall co-operate the investigation and shall not tamper with the witnesses.

(P. N. DESHMUKH, J.) avk 3/3