Arif (Munna) Kasam Shaikh v. The State Of Maharashtra

RNG 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2329 OF 2017 Arif (Munna) Kasam Shaikh ....

.. Applicant vs State of Maharashtra .. Respondent Mr.N.R.Bubna for Applicant Mr.S.H.Yadav APP for State Mr.H.M.Patil P.I.Satana Police Station present Coram : A.S.GADKARI, J Date : 16th NOVEMBER 2017 P.C.

This is an application under Section 439 of Cr.P.C. for bail in C.R.No.I-86/2017 dated 30.5.2017 registered with Satana Police Station, Nasik under Sections 307, 143, 147, 148, 326, 324, 323,,504 and 506 of IPC.

2.

The learned counsel for the Applicant submitted that there are in all 18 accused persons in the present crime out of which serious allegations are made against three accused namely Applicant Mujahid Shaikh and Javed Rafique Shaikh. He submitted that the co-accused Mujahid Shaikh and Javed Rafique Shaikh who have been alleged to have played a similar role as has been alleged against the present Applicant have been released on bail by the learned

RNG 2/2 Additional Sessions Judge, Malegaon.

3.

Perused the record.

4.

The record clearly indicates that the Applicant has been attributed with same and/or similar role as has been played by the accused Mujahid Shaikh and Javed Shaikh and therefore, the present Applicant is entitled to be released on bail on the principle of parity. 5.

Hence, the following order :

(i) The Applicant be released on bail in CR No.I-86/2017 registered with Satana Police Station on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) After his release from the jail, the Applicant shall attend the concerned police station every 1st Monday of the month between 10.00 a.m. and 2.00 p.m. till the conclusion of trial. (iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

Application is allowed in aforesaid terms.

(A.S.GADKARI, J)