Imran S/O Salim Sayyad v. The State Of Maharashtra

nand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2833 OF 2021 Imran S/o. Salim Sayyad .Applicant Vs.

The State of Maharashtra .Respondent Mr. Sachin S. Deshmukh, Advocate, for the Applicant Mr. Y. Y. Dabke, APP, for the Respondent - State

CORAM

:

VINAY JOSHI, J.

DATE :

04.05.2022 P. C.

.

This is an Application for regular bail fled by the applicant in C. R. No. 293 of 2020 registered with the Lasalgaon Police Station, Nashik (Rural) for the offences punishable under Sections 302, 307, 323, 143, 147, 149, 188, 269, 270 r/w 34 of the Indian Penal Code and under Section 4/25 of the Indian Arms Act.

2.

The bail is primely claimed on the ground of parity by pointing some bail orders passed by this Court. Besides that, it is argued that the role of applicant is assaulting alongwith other accused with fst blows and

kicks.

3.

The State opposed bail.

4.

With the assistance of both sides, perused police papers. The informant is injured eye witness. He stated that at the relevant time, 10-15 persons have assaulted him by fst and kick blows. Particularly, he stated that co-accused - Sahil stabbed at his thigh. Moreover, in supplementary statement, he stated that co-accused - Sahil and Arun Mali have stabbed the deceased namely Chetan. Perused the statements of eye witnesses. They made general statement that the applicant and co-accused beated by fst and kick blows. This Court has initially released co-accused - Firoz Shaikh on bail in B. A. No. 1409 of 2020. Thereafter, on the ground of parity, other co-accused namely Dattu Jadhav, Rohit Shirsat and Krishna Warpe are also released on bail by this Court. The role of applicant is similar to above named co-accused, who are released on bail. Investigation is complete and charge-sheet has been fled. Considering the aforesaid facts, the applicant has made out a case for grant

of bail. In view of that, the following order.

O R D E R

(i) The Application is allowed;

(ii) The applicant namely - Imran S/o. Salim Sayyad in C. R. No. 293 of 2022 registered with the Lasalgaon Police Station, Nashik (Rural) for the offences punishable under Sections 302, 307, 323, 143, 147, 149, 188, 269, 270 r/w 34 of the Indian Penal Code and under Section 4/25 of the Indian Arms Act, be released on interim bail on his furnishing P. R. Bond of Rs. 25,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station on the frst Saturday of each month in between 10.00 a. m. to 12.00 noon to facilitate the investigation till conclusion of trial;

(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence;

(v) The applicant shall provide his cell number as well as residential address to the investigating offcer of the

concerned police station.

5.

The Application is disposed of.

( VINAY JOSHI, J. )