Shaikh Sharif Shaikh Salim v. The State Of Maharashtra

2024:BHC-AUG:14945 926-BA-245-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 245 OF 2024 SHAIKH SHARIF SHAIKH SALIM

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Satej S. Jadhav APP for Respondent : Mr. S. B. Narwade ...

CORAM : S. G. MEHARE, J.

DATE : 16-07-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.

2.

The applicant seeks bail in C.R.No.424 of 2023 registered with Jamner Police Station, District Jalgaon, for the offences punishable under Section 395, 397 of the Indian Penal Code and Section 3/25 of the Arms Act.

3.

The first information was lodged against unknown persons. However, the applicant and other co-accused were intercepted on check post. The police found that the applicant and the coaccused have committed two offences. Hence, they were apprehended. In the first information report, there were no direct allegations against the applicant that he snatched money. However, in supplementary statement, the allegations were levelled that the applicant snatched money from the one of the eyewitnesses. The applicant has been transferred to this crime rrd

926-BA-245-24.odt after the crime was registered against him on intercepting them at the check post.

4.

Considering the facts of the case and the role attributed to the applicant, only thing that would, as argued by the learned A.P.P. to oppose bail, is the applicant is from the State of Madhya Pradesh. The law is well settled that barely the accused is resident of other State, bail may not be refused. In such circumstances, certain conditions may be imposed. Viewing the fact of the case, the Court is of the view that his further detention is not fruitful. Hence, the order :-

ORDER

i) Bail application is allowed.

ii) Applicant Shaikh Sharif Shaikh Salim be released on bail, on furnishing PB and SB of Rs.50,000/-, with one local solvent surety of District Jalgaon, of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall not flee away from the trial.

(b) He shall keep inform the Investigating Officer on telephone his place of residence.

(c) He should furnish his cell phone number and address proof with an undertaking that he would not change it till the trial is concluded.

(d) He shall not involve in the identical crime.

(e) He shall attend the trial on each and every effective date.

( S. G. MEHARE, J. ) rrd