Najma Usman Shaikh v. State Of Maharashtra

2023:BHC-AS:36529

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2402 OF 2023

1. NAJMA USMAN SHAIKH

2. YASMIN ABDUL MAJID ANSARI ..APPLICANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Salman Khan for the applicants.

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

PSI Shivaji Patil, Bhoiwada Police Station.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 7, 2023 P.C. :

1.

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

2.

This is an application for bail in respect of the offence punishable under Sections 306, 498-A, 354 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 15.11.2022 vide C.R. No.I-235 of 2022 with Bhoiwada Police Station.

3.

The applicant No.1 is the mother-in-law of the deceased. The applicant No.2 is the sister-in-law of the 1/4

deceased. The applicant's husband is in custody. The applicants were arrested on 29.11.2022.

4.

Learned APP opposed the application for bail and submitted that it is because of the harassment and illtreatment by the applicants and other in-laws that the deceased was forced to take such step.

5.

I have gone through the statements of the relevant witnesses and also the supplementary statements. There are general allegations of ill-treatment and harassment made against the applicants. The applicants are women who are in custody for more than one year. The trial is likely to take a long time to conclude. The investigation is complete and the charge-sheet has been filed. The applicants do not appear to be a flight risk. There are no criminal antecedents reported against the applicant. The applicants will face the consequences of trial if found guilty. The applicants can be enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

2/4

(b) The applicants-Najma Usman Shaikh and Yasmin Abdul Majid Ansari in connection with C.R. No.I-235 of 2022 registered with Bhoiwada Police Station shall be released on bail on their furnishing P.R. Bond of Rs.25,000/- each with one or more sureties in the like amount.

(c) The applicants are permitted to furnish cash bail surety in the sum of Rs.25,000/- each for a period of 6 weeks in lieu of surety.

(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicants shall not tamper with evidence. (e) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change.

(f) The applicants shall attend the trial regularly. The applicants shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(g) The applicants shall not make any attempt to contact the witnesses or intimidate them.

3/4

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4