Sharafat Ali Fida Hussain Sawant And ANR v. The State Of Maharashtra

8-APEAL-475-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 475 OF 2024

1. Sharafat Ali Fida Hussain Sawant

2. Riyasat Ali Mohammad Aziz Sawant ...Appellants

Versus

The State of Maharashtra

...Respondent

....

Mr.S.K. Ali Asif Ali S. Fatma a/w Ms.Prathibha Gupta i/by A.A. Siddique Associates, Advocate for the Appellants. Mr.Sukanta A. Karmakar, A.P.P. for the Respondent - State. P.S.I. Mr.Gadekar, Dombivali Police Station, present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

10th MAY, 2024.

P.C.

:

1.

This appeal is filed by the Appellants, who are accused in Crime No.63 of 2010 registered with Dombivali Police Station for offences punishable under Sections 323, 504 & 506 r/w Section 34 of the Indian Penal Code and Section 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989, against the order dated 06.04.2024 passed by the trial Court in Sessions Case No.264 of 2010. By the said order the trial Court rejected the application filed by the present Appellants for bail. by SAJAKALI LIYAKAT JAMADAR Date:

2024.05.10 16:56:38 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

8-APEAL-475-2024.doc 2.

It appears that after registration of the aforesaid crime, the Appellants were released on bail. However, as they failed to appear before the trial Court, non bailable warrant was issued against them. The application for cancellation for non bailable warrant was filed, however, it was rejected.

3.

Considering the facts and circumstances of the case and as the Appellants are in jail since 01.08.2023 i.e. for more than nine months, I am inclined to release them on bail. Hence, the following order is passed:

ORDER

(i) The Appeal is allowed;

(ii) The Appellants are directed to be released on bail in connection with Crime No.63 of 2010 registered with Dombivali Police Station, Dist. Thane for offences punishable under Sections 323, 504 & 506 r/w Section 34 of the Indian Penal Code and Section 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on executing P.R. Bond in the sum of Rs.15,000/- each with one surety in the like amount;

(iii) Appeal is disposed of accordingly.

(N. R. BORKAR, J.) Sajakali Jamadar