← Library
Bombay High CourtBA/3809/2022allowed

Mohammad Shakil Mohammad Idris v. State Of Maharashtra

2023-02-01Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.04.10 14:50:34 +0530 918-BA-3809-22.odt MANGALTAI JAYWANT JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3809 OF 2022 Mohammad Shakil Mohammad Idris ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Narayan Bubna for the Applicant.

Mr. Amit Palkar, APP for the State.

Mr. Sandip Kedraj Patil, PSI, Nashik Rural, Present. .........

CORAM : N.R. BORKAR, J.

DATED : 1 FEBRUARY 2023 P.C. :- This is an application under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 12 of 2022 registered at Ayesh Nagar Police Station, Nashik for the offences punishable under Sections 395, 365 of the Indian Penal Code and Section 3/25 of the Arms Act.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

4.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has placed on record a copy MJ Jadhav 1 / 2

918-BA-3809-22.odt of the order passed by this Court dated 21 November 2022 in Bail Application No. 3032 of 2022. By the said order, this Court has released the co-accused- Makhdum Ashraf Akhtar Aziz.

5.

I have perused the charge-sheet. The allegations against the present applicant and co-accused Makhdum Ashraf Akhtar Aziz are identical. In that view of the matter, I am inclined to release the applicant on bail. Hence, the following order is passed:

(i) Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 12 of 2022 registered at Ayesh Nagar Police Station, Nashik for the offences punishable under Sections 395, 365 of the Indian Penal Code and Section 3/25 of the Arms Act on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e., on first Monday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2