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Bombay High CourtABA/2433/2021disposed off

Shoved Shahid Darvesh And ORS v. The State Of Maharashtra

2021-10-13Hon'Ble Shri Justice Nitin W. Sambre3 pages

IRESH SIDDHARAM MASHAL Date: 2021.10.14 11:00:29 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2433 OF 2021 SHOVED SHAHID DARVESH AND ORS ....APPLICANTS V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. M. S. Patankar a/w Mr. Sudarshan Patankar for applicants Mrs. Rutuja Ambekar APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

13th OCTOBER, 2021.

P.C.:

1] Applicants are seeking regular bail in C.R. No. 651/2021 registered with Byculla Police Station for offence punishable under , Sections 324, 323, 504, 506 r/w Section 452, 34, 143, 147, 149 of the Indian Penal Code.

2] As far as applicant no. 1 Shoved Shahid Darvesh, applicant no. 2 Shehzaad Sarforoz Darvesh and applicant no. 3 Mohammad Zaid Ali S. Khan are concerned, there is suffcient material including that 1/3

of statement of eye witnesses, medical evidence to connect them to their prima facie involvement in the crime in question. As such, application of applicant nos. 1 to 3 stands rejected. 3] As far as applicant no. 4 Athaar Sarforoz Khan and applicant no. 5 Shahin Shahid Darvesh are concerned, it is informed that there are no antecedents. Investigation carried out till date does not refect their direct involvement in the commission of crime. As such, case of bail is made out by applicant nos. 4 & 5. Hence, following order. (i) Applicant nos. 4 Athaar Sarforoz Khan and applicant no. 5 Shahin Shahid Darvesh be released on bail in C.R. No. 651/2021 registered with Byculla Police Station for offence punishable under Sections 324, 323, 504, 506 r/w Section 452, 34, 143, 147, 149 of the Indian Penal Code upon furnishing P.R. bond in the sum of Rs. 15,000/- each with one or two/more sureties in the like amount. (ii) Applicants shall neither infuence witnesses in any manner nor tamper with evidence.

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(iii) Applicants shall attend Investigating Offcer on 21/10/2021, 26/10/2021 and 29/10/2021 between 10.00 a.m. to 12.00 noon and thereafter as and when called.

(iv) Till the charge-sheet is fled, applicants shall remain outside the jurisdiction of Byculla police station.

4] Application stands disposed of.

[NITIN W. SAMBRE, J.] 3/3