Zubair Jafar Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2423 OF 2014 Zubair Jafar Shaikh.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Satyavrat Joshi, advocate for Applicant.

Ms. Veera Shinde, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : FEBRUARY 23, 2015 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State. Perused the papers.

This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 5/1/2014 in Crime No. 4 of 2014 registered at Khadki Police Station for offence punishable under Section 307, 323, 326, 143, 147, 148, 149 of the Indian Penal Code. Investigation is completed and charge-sheet is filed.

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It is the case of the prosecution that on 5/1/2014 Ganesh Digambar Koli lodged report at the police station alleging therein that there was an altercation between two groups over previous incident. The applicant and his associates wanted to seek vengeance from the complainant and hence, they had assaulted Santosh with iron sickle. The complainant and others had tried to pacify. However, they were threatened of dire consequences. Santosh was taken to hospital. Perused the injury certificate. It prima facie appears that the injuries were on ulna, wrist. There was partial amputation due to fracture. The injured was discharged from the hospital after 17 days. Taking into consideration the fact that the applicant has been in jail for almost one year and two months and that there were no reported criminal antecedents against the applicant, this Court is inclined to grant bail. It is made clear that the co-accused shall not claim parity with the present applicant.

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The observations made herein are prima facie in nature. The same shall not be considered while deciding the application for discharge or for quashing of FIR or at the time of trial. Hence, following order is passed :

ORDER

(i) The application is allowed.

(ii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/- and one or two sureties in the like amount. The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3