Syed Sarjil Sayyad Harun And Another v. The State Of Maharashtra

47-BA-389-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.389 OF 2023 SYED SARJIL SAYYAD HARUN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. N. R. Shaikh APP for Respondent : Mr. S. P. Sonpawale ...

CORAM :

S. G. MEHARE, J.

DATE :

13-03-2023 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent/State.

2.

Considering the allegations, the Court expressed disinclination to grant bail to applicant No.1 Syed Sarjil Sayyad Harun. The learned counsel for him, on instruction, seeks leave to withdraw his application. Leave granted. The application of applicant No.1 stands dismissed as withdrawn. 3.

As far as the application of applicant No.2 Bhavana Javaharlal Lodha is concerned, witness who have allegedly seen the persons entering the home, did not state that a lady was with them. Hence, the allegation against her falls under the shadow of doubt. The material investigation has been completed. In the facts and circumstances of the case, she deserves bail. Hence, the order :- i) The application of applicant No.2 is allowed.

47-BA-389-23.odt ii) Applicant No.2 Bhavana Javaharlal Lodha be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.45 of 2022, registered with Bazarpeth Police Station, Taluka Bhusawal, District Jalgaon, for the offences punishable under Sections 380 and 454 read with Section 34 of the Indian Penal Code, on the conditions that;

(a) She shall not tamper with the prosecution witnesses; (b) She shall attend the police station as and when called by the Investigating Officer on written notice. ( S. G. MEHARE ) JUDGE rrd