Bombay High CourtABA/152/2021admittedallowedgrantedrule absolute

Zaheer Hussain Shaikh v. The State Of Maharashtra

2021-03-03Hon'Ble Shri Justice Mangesh S. Patil2 pages

944.aba.151.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.151 OF 2021 KHALED SADULLAH SHAIKH

VERSUS

THE STATE OF MAHARASHTRA WITH ANTICIPATORY BAIL APPLICATION NO.152 OF 2021 ZAHEER HUSAIN SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Saeed S. Shaikh APP for Respondent/State: Mr. V.M. Kagne ...

CORAM

: MANGESH S. PATIL, J.

DATE : 03.03.2021 PER COURT :

These are the applications under Section 438 of the Code of Criminal Procedure as the applicants are apprehending their arrest in connection with Crime No.419/2019 registered with Kalamnoori Police Station, District Hingoli for the offences punishable under Sections 307, 353, 143, 147, 148, 149, 427, 341 and 323 on the Indian Penal Code and under Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 along with Section 7 of the Criminal Amendment Act, 1983. 2.

After having heard both the sides it transpires that similarly situated co-accused have been granted anticipatory bail by this Court in ABA 1/2

944.aba.151.21.odt No.30/2021 and ABA No.29/2021 by the order dated 01.02.2021. For the self same reasons on which the applicants therein were granted anticipatory bail, even the applicants can be granted bail. 3.

The Applications are allowed for the very same reasons on which the ABA No.29/2021 and ABA No.30/2021 were allowed. In the event of arrest of KHALED S/o. SADULLAH SHAIKH and ZAHEER S/o. HUSSAIN SHAIKH, in connection with Crime No.419/2019 registered with Kalamnoori Police Station, District Hingoli for the offences punishable under Section 307, 353, 143, 147, 148, 149, 427, 341 and 323 of the Indian Penal Code and under Section 3 and 4 of Prevention of Damage to Public Property Act, 1984 and under Section 7 of Criminal Amendment Act, 1983, they shall be released on bail on their executing personal recognizance for an amount of Rs.20,000/- each and furnishing a solvent surety in the like amount each subject to following conditions:

a) They shall attend the concerned Police Station on three consecutive Saturday starting from 06.03.2021 between 3:00 pm and 5:00 pm and shall cooperate the Investigating Officer.

b) They shall not tamper the evidence or influence the witnesses.

c) They shall not indulged in any criminal activity. (MANGESH S. PATIL, J.) habeeb 2/2