Shafiq @ Yasin Jafar Shaikh v. The State Of Maharashtra

16-appa-1082.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1082 OF 2019 IN CRIMINAL APPEAL NO. 1027 OF 2019 Shafiq @ Yasin Jafar Shaikh ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Akram Kapoor for the applicant.

Mr.Arfan Sait, APP for the State.

PSI Mandhare, Sewree Police Station present.

CORAM : B.P. DHARMADHIKARI & SANDEEP K. SHINDE, JJ.

DATE :

OCTOBER 04, 2019 P.C.:

Heard learned counsel for the applicant and learned APP for the State.

2.

The relationship of the deceased with the accused has been brought on record by PW 12 husband who at the time of incident was away in the State of Gujarat. The incident was communicated to police by a stranger (PW No. 10 Praful). Police came to the spot and enquired about the name of the victim who was then in injured condition. She disclosed her name to the police.

nilegaonkar 1/2

16-appa-1082.2019.odt 3.

PW 1 head constable took the injured to hospital. He had enquired from her about the assailant and she had given name of the present applicant as assailant. She was attacked with knife on her neck on right and left side. She then had disclosed her love affair with the assailant. She also gave address of the accused.

4.

Police had recovered blood stained knife under section 27 of the Evidence Act from the accused. Though the blood group could not be ascertained, it was found stained with human blood. 5.

In this situation, at this stage, we are not inclined to intervene. The application for bail is rejected. (SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2