Ibrahim Haji Shaikh v. The State Of Maharashtra

Vina k sr.913.ba.2540 of 2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2540 OF 2016 Ibrahim Haji Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

---------- Mr. P. K. Bohade for the applicant.

Mr. Deepak Thakare, APP for the respondent-State. ---------- CORAM :

PRAKASH D. NAIK, J.

DATE :

23 JUNE 2017 P.C. :

1.

This is an application for regular bail. The applicant is seeking bail in connection with C.R. No.138 of 2015 registered with Sewree Police Station, Mumbai on 26 December, 2015 for the offences punishable under sections 143, 144, 148, 149, 324, 307, 212 of IPC. 2.

The case of the prosecution is that on 20 December, 2015, accused Sanjay Lahane. Kala Ibbu, Pravin, Akash Lahane, Gautam Lahane, Shabbir Ramgad, Sanjay Goregaon, Asgar and others came to the Garage of the informant. The accused had threatened the informant that they will not spare him alive as he had informed the police about oil tapping and assaulted the informant by hockey sticks 1/3

Vina k sr.913.ba.2540 of 2016.doc on his head and legs. Accused Aakash and Gautam assaulted by bottle of beer. Accused Sanjay tried to attack with a knife. The applicant accused had assaulted the injured by kick blows and also by beer bottle.

3.

Learned advocate for the applicant submitted that he is in custody since 2015. The chargesheet has been filed. He submitted that the main accused who has played a major role in assaulting the complainant has been granted bail, in exercise of powers under section 167(2) of Cr.P.C.

4.

Perused the FIR and the chargesheet which has been annexed to the application. The role attributed to the applicant is of kick blows and assaulting the victim by beer bottle. The applicant is in custody for a long period of time and further custody is not required. The main accused has been granted bail. There are no criminal antecedents against the applicant. Hence, bail can be granted to the applicant.

5.

Hence, I pass the following order;

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Vina k sr.913.ba.2540 of 2016.doc :: ORDER ::

(i) The applicant is directed to be released on bail in connection with C.R. No.138 of 2015 registered with Sewree Police Station, Mumbai on furnishing P.R. Bond in the sum Rs.15,000/- (Rupees Fifteen Thousand only.) with one or more sureties in the like amount.

(ii) The applicant is directed to report to Sewree Police Station, Mumbai once in a week on every Saturday between 11.00 am to 1.00 pm.

(iii) The applicant is permitted to furnish cash security in the sum of Rs.15,000/- (Rupees Fifteen Thousand only.) for a period of four weeks in lieu of sureties.

(iv) Application stands disposed of.

[PRAKASH D. NAIK, J.] 3/3