Mohd. Atif Jahid Ali Ansari v. The State Of Maharashtra

P.H. Jayani 932 BA1847.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1847 OF 2021 Mohd. Atif Jahid Ali Ansari .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Shantanu Phanse for the Applicant.

Mr. S.H. Yadav, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 19th APRIL, 2022.

P. C. :- .

This is an Application under section 439 of Cr.P.C. filed by the aforesaid Applicant who is facing trial in Sessions Case No.04/2022 pending on the file of Sessions Judge, Thane for offences punishable under sections 307, 397 r/w. 34 of the Indian Penal Code. 2.

Heard Mr. Shantanu Phanse, learned counsel for the Applicant and Mr. S.H. Yadav, learned APP for the State. I have perused the records and considered the submissions advanced by learned counsel for respective parties.

3.

The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Shamshad Siraj Shaikh, the 1/2

P.H. Jayani 932 BA1847.2021.doc brother of the injured - Shahbaz Siraj Shaikh. A perusal of the FIR as well as the statement of the injured prima facie reveals that the Applicant herein had inflicted several blows of knife on Shahbaz. The medical certificate also prima facie reveals that the injured had sustained six incised wounds and one penetrative injury. Some of the injuries are grievous in nature and the injured had to undergo surgery. The injuries are inflicted on vital parts of the body. There is thus prima facie material on record to show the involvement of the Applicant in commission of the crime. Hence, in my considered view, this is not a case for grant of bail. Hence, the Bail Application stands dismissed. 4.

It is stated that the Applicant is in custody since 30/10/2019. Considering the age of the Applicant, the learned Sessions Judge is directed to conclude the trial as expeditiously as possible and in any event within a period of one year from the date of receipt of this order. 5.

Bail Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.04.22 19:47:19 +0530 2/2