Chand Yakub Shaikh v. State Of Maharashtra

40-BA-2409-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2409 OF 2022 Chand Yakub Shaikh ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Vishal Kolekar for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

PSI N.H. Sonwalkar, Jejuri Police Station, present. HC V.B. Kadam, Jejuri Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 9 DECEMBER 2022 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 46 of 2021 registered at Jejuri Police Station, Pune for the offences punishable under Sections 302, 201 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

According to the prosecution, on the day of incident which Kanchan P Dhuri 1 / 2

40-BA-2409-2022.odt took place on 11 February 2021 at 8.00 a.m. the present applicant and other co-accused assaulted the deceased by iron rod and committed his murder.

5.

The learned APP submits that there is enough incriminating material to connect the present applicant with the alleged crime. 6.

I have perused the FIR. According to the prosecution, on the day of incident some dispute arose between the deceased and co-accused Suman Ghodke on some trivial issue and he assaulted her by iron pipe. It appears that the present applicant and other co-accused, thus, got annoyed and assaulted the deceased. Prima facie, incident does not appear to be premeditated. Considering the facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Chand Yakub Shaikh be released on bail in Crime No. 46 of 2021 registered at Jejuri Police Station, Pune for the offences punishable under Sections 302, 201 r/w. 34 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station, once in a month i.e. on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

by KANCHAN PRASHANT DHURI Date:

2022.12.30 17:17:03 +0530 ( N.R. BORKAR, J. ) KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2