Mohd. Sajid Fakir Mohd. Shaikh v. The State Of Maharashtra

39-ba-1699-18.doc Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1699 OF 2018 Mohd. Sajid Fakir Mohd. Shaikh ...Applicant.

vs.

The State of Maharashtra

...Respondent.

Mr. Husen Shaikh for the Applicant.

Ms. A.A.Takalkar, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 6th August, 2018 P.C.

1.

This is an application under Section 439 of the Cr.P.C. for bail in CR No. 303 of 2018 dated 2.6.2018 registered with Kandivali Police Station, Mumbai under Sections 143,144,147, 149, 149,307, 506(2) of the Indian Penal Code read with Section 37(1) read with 135 of the Maharashtra Police Act. 2.

Heard the learned counsel for the applicant and the learned APP. Perused the charge sheet.

3.

The record clearly indicates that, co-accused Irfan Islam Shaikh who has been attributed with the role of assault by sword by the first informant has been granted bail by the Sessions Court by its order dated 14.6.2018. The applicant has played lessor role qua the said accused. In view thereof, the Page-1/2

39-ba-1699-18.doc applicant is entitled to be released on bail on the ground of parity.

Hence, the following order.

a) The applicant be released on bail in CR No. 303 of 2018 dated 2.6.2018 registered with Kandivali Police Station, Mumbai on his furnishing PR bond of Rs.25,000/-with one or two solvent local sureties in the like amount. b) After his release from Jail, the applicant shall attend the concerned police station on every first Monday of the month between 11.00 a.m. to 1.00 p.m.

c) The applicant shall attend all the dates before the Trial Court unless precluded for medical reasons.

d) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

e) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-2/2