Sikander Babu Shaikh v. The State Of Maharashtra

DDR 1 7. cri. ba 2871-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2871 OF 2018 Sikander Babu Shaikh ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Abhishek R. Singh a/w. Aditi A. Gautam for the applicant. Ms. Prajakta P. Shinde, APP for State.

Mr. Tanaji Rode, API.

CORAM : M.S. KARNIK , J.

(Vacation Court) Date : 12th November, 2018.

P.C. :

This is an application for bail in respect of the offence registered as C.R.No.I-364 of 2018 with the Kalwa Police Station for the offences punishable under Sections 353, 509, 504 of the Indian Penal Code. It is the allegation of the informant Mrs. Monali Bapu Gadakh that the complainant along with other constables were assigned Traffic Control duty near Vitawa Traffic Division on 7/10/2018. At 11.15 a.m., the complainant along with other constables reached near Prabhag Samiti, Kalwa, near Public Facility and saw one vehicle parked in 'No

DDR 2 7. cri. ba 2871-18.doc Parking Zone'. The complainant and other constables fixed jammer. It is alleged that the accused came running towards the complainant and pushed her. In these circumstances the offence came to be registered. 2.

On 8th November, 2018, the learned APP appearing for the State on instructions of the Investigating Officer present in the Court submitted that the investigation is almost complete. On the earlier date, in order to enable the APP to seek instructions from the Investigating Officer as to what further investigation is necessary, the matter was adjourned and listed today. Learned APP submitted that the chargesheet is almost ready. 3.

Taking into consideration the fact that the applicant is in custody since 7th October, 2018 and now that the charge-sheet is almost ready, I am of the opinion that further custody of the applicant is not necessary. There are no criminal antecedents reported against the applicant.

4.

In this view of the matter, I am inclined to pass the following order :

DDR 3 7. cri. ba 2871-18.doc

O R D E R

(i) The applicant be enlarged on bail in respect of the C.R.No.I-364 of 2018 registered with the Kalwa Police Station for the offences punishable under Sections 353, 509, 504 of the Indian Penal Code, in the sum of Rs.25,000/- with one or more sureties of the like amount. 5.

The Application is disposed of.

(M. S. KARNIK, J.)