Sadik Mahammed Shaikh And ORS v. The State Of Maharashtra

Rane * 1/2 * APPA-1145-2016 (sr.no.3) Tuesday, 10.1.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1145 OF 2016 (FOR BAIL) IN CRIMINAL APPEAL NO. 1264 OF 2012 Sadik Mohammed Shaikh .....Applicant V/s.

The State of Maharashtra .....Respondent * * * * * * Mr. Debajyoti Talukdar, Advocate for the applicant. Ms. Anamika Malhotra, APP for respondent, State. CORAM :- SMT. R.P. SONDURBALDOTA, J.

DATED :- 10TH JANUARY, 2017.

P.C. :- 1).

The appellant in Criminal Appeal No. 1264 of 2012 files this second application for bail. He has been convicted of the offence punishable under Section 307 read with Section 34 Indian Penal Code and Section 135 of the Bombay Police Act. The grounds on which the bail is sought are same as in the earlier application. The additional ground is of the leave granted by the Court in the earlier order dated 17th February, 2015. By that order, while

Rane * 2/2 * APPA-1145-2016 (sr.no.3) Tuesday, 10.1.2017 rejecting his application for bail, he has been granted an opportunity to apply afresh for bail in the event of the appeal not being heard and disposed off within a period of 6 months from that day. The order while refusing bail to the applicant notes that, the applicant is an habitual offender who had given a blow by sickle on the head of the injured and the weapon had been recovered from him. He being the main offender with criminal antecedents, I am not inclined to grant bail to the applicant. Hence, the application is rejected.

(SMT. R.P. SONDURBALDOTA, J)