Danish Ishtekhar Sayyad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2510 OF 2018 Danish Ishtekhar Sayyad ...Applicant

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The State of Maharashtra

...Respondent

WITH CRIMINAL BAIL APPLICATION NO. 2511 OF 2018 Mayur Balkrishna Gaikwad ...Applicant

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The State of Maharashtra

...Respondent

Mr. Amrish R. Salunke for the Applicants Mr. S. V. Gavand, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 26 th JUNE 2019 P.C. :

Heard learned counsel for the parties.

By these applications, the applicants seek their enlargement on bail in connection with C.R. No. 165 of 2018 registered with the Goregaon Police Station, Mumbai, for the alleged offences punishable under Sections 307, 143, 144, 147, 148, 149, 323, 324, 504, 506, 427 of the Indian Penal Code and under Sections 37(1) and 135 of Maharashtra Police Act. 1/3

Perused the papers. According to the complainant, the incident took place on 18th March 2018. It is alleged by the complainant that one Pardeshi along with his associates, assaulted Anish Maurya and Jitendra Maurya.

During the course of investigation, the applicants were arrested. Admittedly, the applicants have not been named in the FIR. There is no recovery at their instance. The applicants have also not been identified in the identification parade. The applicants have no antecedents. Considering the aforesaid, the applications are allowed on the following terms and conditions :

ORDER

(i) The applicants be enlarged on bail, on executing PR Bond in the sum of Rs. 10,000/- each, with one or two sureties in the like amount;

(ii) The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

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(iii) The applicants shall inform their latest places of residence and mobile contact numbers and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (iv) The applicants to cooperate with the conduct of the trial. The applications are accordingly disposed of. It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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