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Bombay High CourtBA/695/2017rejected

Rajik Rajjak Shaikh And ORS v. The State Of Maharashtra

2023-01-09Hon'Ble Shri Justice N. R. Borkar2 pages

2-ba-695-217.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.01.09 19:14:21 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 695 OF 2017 Rajik R. Shaikh and ors.

...Applicants.

V/s.

State of Maharashtra

...Respondent.

None present for the Applicants.

Mr. A.A. Palkar, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

09.01.2023.

P.C. :

1.

None present for the applicants.

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

3.

The applicant came to be arrested in Crime No.287 of 2016 registered at Khadki Police Station for the ofences punishable under Sections 307, 324, 452, 323, 504, 143, 144, 147, 148, 149 and 427 of the Indian Penal Code, Section 3(1)(r)(s) and 3(z), (5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , Section 4(25) of Arms Act and 37(1) read with 135 of Bombay Police Act.

4.

Considering the fact that ofences punishable under the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are invoked against the applicants, the Dinesh S. Sherla 1/2

2-ba-695-217.doc application cannot be entertained as the applicant has to fle an appeal against the rejection of his bail application by the Special Court.

5.

The present bail application is disposed of. The applicant is granted liberty to fle appeal.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2