Bombay High CourtAPPA/850/2017

Aazar Azim Shaikh v. The State Of Maharashtra

2017-07-27Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Smt. Justice V.K. Tahilramani3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.850 OF 2017 IN CRIMINAL APPEAL NO.873 OF 2013 Aazar Azim Shaikh ......Applicant V/s.

The State of Maharashtra .......Respondent Mr. Kuldeep S. Patil , Advocate for Applicant. Mr. H.J.Dedhia, APP for Respondent-State.

CORAM :

CORAM : SMT. V.K. TAHILRAMANI, & SMT. V.K. TAHILRAMANI, & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :

July 27, 2017.

P.C. :

Heard both sides.

The applicant has been convicted under Section The applicant has been convicted under Section 302 of the IPC for causing the death of Sanjay. The 302 of the IPC for causing the death of Sanjay. The applicant is now seeking bail.

applicant is now seeking bail.

It is the prosecution case that on the night It is the prosecution case that on the night between 23.5.2010 and 24.5.2010, the applicant along between 23.5.2010 and 24.5.2010, the applicant along with 3 other accused caused the death of Sanjay. To with 3 other accused caused the death of Sanjay. To

* 2/3 * support the prosecution case, reliance is placed on P.W.5support the prosecution case, reliance is placed on P.W.5Kishor, who is the only eye witness in this case. P.W.5Kishor, who is the only eye witness in this case. P.W.5Kishor has admitted in his examination-in-chief that he did Kishor has admitted in his examination-in-chief that he did not inform anyone about the incident for about a month not inform anyone about the incident for about a month after the incident. In fact, his evidence shows that 15 days after the incident. In fact, his evidence shows that 15 days after the incident P.W.5-Kishor was called by the police, at after the incident P.W.

5-Kishor was called by the police, at that time, police made enquiry with him, however, at that that time, police made enquiry with him, however, at that time, he did not raise any suspicion against anyone nor time, he did not raise any suspicion against anyone nor named anyone before the police. The evidence on record named anyone before the police. The evidence on record shows that the statement of P.W.5-Kishor implicating the shows that the statement of P.W.5-Kishor implicating the applicant was recorded by the police one month after the applicant was recorded by the police one month after the incident. Looking to the evidence on record, we find much incident.

Looking to the evidence on record, we find much merit in the submission of the learned counsel for the merit in the submission of the learned counsel for the applicant that the applicant has been falsely implicated by applicant that the applicant has been falsely implicated by P.W.5-Kishor by way of an afterthought and hence, his P.W.5-Kishor by way of an afterthought and hence, his evidence cannot be relied upon. There is no other reliable evidence cannot be relied upon. There is no other reliable material on record which connects the applicant to the material on record which connects the applicant to the crime.

crime.

In view of the above, we are inclined to grant In view of the above, we are inclined to grant bail to the applicant, hence, the following order: bail to the applicant, hence, the following order:

* 3/3 * (I) (I) The applicant be released on bail in the The applicant be released on bail in the sum of Rs.30,000/- with one or two sureties sum of Rs.30,000/- with one or two sureties to make up the said amount and P.R.Bond of to make up the said amount and P.R.Bond of like amount.

like amount.

(II) (II) During the period that the applicant is During the period that the applicant is on bail, he shall report to Manikpur Police on bail, he shall report to Manikpur Police Station, Dist: Palghar once in 15 days, i.e., Station, Dist: Palghar once in 15 days, i.e., on every alternate Monday.

on every alternate Monday.

5 The Application is allowed in the above terms. 5 The Application is allowed in the above terms. (SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J) (SMT. V.K. TAHILRAMANI, J)