Mohd Yusuf Abudl Sattar Shaikh v. The State Of Maharashtra And ANR

JAYARAJAN ANJAKULATH NAIR Date: 2022.06.24 10:43:33 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 906 ABA-1646.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1646 OF 2022 Mohd. Yusuf Abdul Sattar Shaikh ] ... Applicant Vs.

The State of Maharashtra & Anr.

] ... Respondents ...

Mr. Vishal Deshmukh for the applicant.

Ms. Veera Shinde, A.P.P. for the State.

Mr. Irfan Shaikh, Investigating Officer attached to Malwani Police Station is present in the court.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 23RD JUNE, 2022.

P.C.:- 1.

On 18/02/2022, the application of the applicant was rejected by this court by recording that there is sufficient evidence in the form of corroboration to the informant's case at the hands of independent witnesses, whose statements were recorded under Section 164 of the Cr.P.C., who have consistently spoken of the applicant's role. It is recorded that though there AJN

2/2 906 ABA-1646.22.odt was a problem between the deceased and the applicant, the applicant also contributed in the deceased taking the ultimate step.

2.

There is no change in the circumstances after 18/02/2022, though learned counsel vehemently submits that the charge-sheet has been filed against other accused persons and there is no charges against him.

3.

Learned A.P.P. has placed on record the statements of two independent witnesses recorded under Section 164 of the Cr.P.C., which clearly indict the applicant, to which a reference has been made, while rejecting the application in the earlier occasion. 4.

Accepting that there is enough material against the applicant and the applicant is unnecessarily evading his arrest, despite his earlier application being rejected, the present application does not warrant any interference. The application is rejected.

[SMT. BHARATI DANGRE, J.] AJN