Shaikh Manjoor Shaikh Maqsood v. The State Of Maharashtra

2024:BHC-AUG:1128 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 10 OF 2024 Mazhar S/o Sayyed Jehangir ..APPLICANT -VERSUSState of Maharashtra ..RESPONDENT ...

Advocate for Applicant : Mrs. Kulkarni Rashmi S. APP for Respondent/State : Mrs.Pratibha J. Bharad ...

WITH BAIL APPLICATION NO. 20 OF 2024 Shaikh Manjoor Shaikh Maqsood ..APPLICANT -VERSUSState of Maharashtra ..RESPONDENT ...

Advocate for Applicant : Mr. Kazi Rahil Riyazoddin APP for Respondent/State : Mrs.Pratibha J. Bharad ...

CORAM : SANJAY A. DESHMUKH, J.

DATED : 19th JANUARY, 2024.

PER COURT :- 1.

The applicants are seeking bail in connection with crime No.609 of 2023 registered with Chopada City Police Station, Dist.Jalgaon, for the offences punishable under sections 307, 353, 332, 143, 147, 148, 149, 323, 506, 427, 109 of the Indian Penal Code.

-22.

Informant is the API of Chopada City Police Station. He averred in the report dated 02.12.2023 that on 01.12.2023, at about 10.00 to 10.30, he got phone call that quarrel took place on suspicion of carrying of live stock to the slaughter house. That live stock was proceeding from Aadgaon by foot. The people in Aadgaon village prohibited them on the doubt that the live stock is likely to be carried to the slaughter house. They took one person out them along with bullock cart etc., to the Police Station, Chopada. Therefore, informant went there. He was in his uniform. He came to know that the people were gathered near to Asha Talkies square. He along with Police Constable Santosh Pardhi went there. He noticed that 25-30 persons gathered there.

He tried to disburse the said mob but people in the mob started to make hue and cry and also caused obstacles there. They broken spectacle, beaten him by fists and kicks blow. The Police Constable Santosh Pardhi tried to control them but he was also assaulted by mob. One Shaikh Sajid Shaikh Salim Qureshi assaulted informant by iron fighter to the elbow of his left hand. He sustained injuries to the left hand's elbow and also on his ear. He was also again assaulted by the stick by Shaikh Sajid. Eight persons were apprehended on the spot itself on that day itself. 3.

The learned Mrs.Rashmi Kulkarni, the learned advocate for the applicant in Bail Application No.10 of 2024 submitted that the name of this applicant is not mentioned in the report. He has no

-3criminal antecedents. He is journalist. He was arrested on the second day of the incident only on suspicion. It is lastly prayed to allow this application.

4.

The learned Advocate Mr.Kazi Rahil Riyazoddin for the applicant in Bail Application No. 20 of 2024 submitted that this applicant has no criminal antecedents. The applicant's name is not mentioned in the report. He was arrested on the second day of incident. He also prayed for granting bail.

5.

The learned APP strongly opposed the applications and pointed out the injury certificate of the informant. It is lastly prayed to reject the applications.

6.

Perused the report and papers of investigation. The applicants' names are not mentioned in the report. The applicants have roots in the society. They will not flee away from the trial. Nothing is seized from the applicants. Therefore, the custody of the applicants is not necessary further. Considering all these aspects, the applications of the applicants deserve to be allowed on certain conditions. Hence, the following order.

O R D E R

I.

Applications are hereby allowed.

II.

The applicant in both the applications, in connection with crime No.609 of 2023 registered with Chopada City Police Station, Chopada, Dist. Jalgaon, for the offences punishable under

-4sections 307, 353, 332, 143, 147, 148, 149, 323, 506, 427, 109 of the Indian Penal Code, be released on bail on furnishing personal bond of Rs.25,000/- each with one surety of the like amount by each of them, on following conditions:- a) The applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

b) The applicants shall not indulge/reapat any such type of crime again.

III.

The parties to act upon authenticated copy of this order. (SANJAY A. DESHMUKH, J.) sga