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Bombay High CourtBA/858/2023disposed off

Bilal Farukh Sayyed v. State Of Maharashtra

2023-04-19Hon'Ble Shri Justice N. R. Borkar2 pages

927-53-ba-858-487-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 858 OF 2023 Bilal Farukh Sayyed ...Applicant V/s.

The State of Maharashtra

...Respondent

WITH BAIL APPLICATION NO. 487 OF 2023 Gaffar Ibrahim Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Satyam R. Dubey for the Applicant in BA/858/2023. Mr. Kamran B. Shaikh for the Applicant in BA/487/2023. Ms. Rutuja Ambekar, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

19.04.2023 P.C. :

1.

The applicants, who are accused, in Crime No. 252 of 2022 registered at Khadak Police Station, Pune, for the offences punishable under Sections 307, 323, 504, 506, 143, 144, 147, 148 and 149 of the Indian Penal Code (IPC), Sections 4 read with 25 of the Arms Act and Sections 135 read with 37(1) of the Maharashtra Police Act have filed these applications for bail under section 439 of the Code of Criminal Procedure.

2.

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

3.

According to the prosecution, on the date of incident which Darshan P. Patil 1/2

927-53-ba-858-487-23.doc took place on 22 August 2022, the present applicants and other co-accused assaulted and injured Ahmad Wahid Shaikh by Koyta and Palghan on account of previous enmity and attempted to commit his murder.

4.

I have perused the statement of injured Ahmad Wahid Shaikh. The grievous injuries sustained by the injured are not attributed to the present applicants. Considering these facts and as there are no criminal antecedents, I am inclined to release the applicants on bail. In the result, the following order is passed.

O R D E R

A] Applications are allowed.

B] The applicants be released on bail in C.R. No. 252 of 2022 registered at Khadak Police Station, Pune, for the offences punishable under Sections 307, 323, 504, 506, 143, 144, 147, 148 and 149 of the IPC, Sections 4 read with 25 of the Arms Act and Sections 135 read with 37(1) of the Maharashtra Police Act, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.

C] The applicants shall attend the concerned police station once in a month, i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Darshan P. Patil 2/2