Shahbaaz Beg S/O. Hussain Beg And Another v. The State Of Maharashtra

29-BA-311-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.311 OF 2023 SHAHBAAZ BEG S/O. HUSSAIN BEG AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. S.G. Ladda APP for Respondent: Mr. S. P. Sonpawale ...

CORAM : S. G. MEHARE, J.

DATE : 06.03.2023 PER COURT :

After hearing the learned counsel for the applicants and the learned APP for the respondent-State, the Court expressed disinclination to grant bail in favour of applicant No.1 Shahbaaz Beg Hussain Beg. Learned counsel for the applicants, on instructions, seeks leave to withdraw his application. Leave granted. His application stands dismissed as withdrawn.

2.

As far as allegations against the applicant Sharukh is concerned, it appears that he was not present on the spot of incident. He has been arraigned as an accused being owner of the vehicle used to carry the dead body. Sole evidence against him is that police found the said vehicle and its dickey was washed and blood stains were also cleaned. Police have collected the piece of mat from the dickey of his

29-BA-311-23.odt vehicle. There is no strong circumstantial evidence against him. Hence he deserve bail.

ORDER

(i) The application is allowed.

(ii) Applicant No.2 Shahrukh Beg Hussain Beg be released on bail, on furnishing P. B. and S.B. of Rs. 50,000/- (Rupees Fifty Thousand only), with one solvent surety of the like amount, in Crime No. 221 of 2022, registered with Kotwali Police Station, District Parbhani, for the offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code on the conditions that he shall not tamper with the prosecution witnesses.

(iii) In above term, the application stands disposed of. ( S. G. MEHARE ) JUDGE ysk