Shaikh Musa S/O. Shaikh Yakub v. The State Of Maharashtra

criappl1492.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1492 OF 2016 IN CRIMINAL APPEAL NO. 130 OF 2016 Shaikh Musa s/o Shaikh Yaub .. APPLICANT

VERSUS

The State of Maharashtra .. RESPONDENT Mr. V.H. Solanke, advocate for applicant.

Mr. A.B. Girase, PP for the State.

===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 29th MARCH, 2016.

PER COURT :

1.

Heard.

2.

This is an application seeking bail by accused convicted for offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. Accused is also sentenced to suffer imprisonment for the term of 14 years and directed to pay fine of Rs. 5,000/- for committing offence punishable under section 307 of the Indian Penal Code. Accused has also been convicted under section 324 of the Indian Penal Code and sentenced to suffer two years of imprisonment and is further directed to pay sum of Rs. 1,000/- towards fine. 3.

The applicant is alleged to have inflicted stab injury on the person of one Sk. Ajmat, as a result of which he died on the spot. It is also alleged

criappl1492.16.doc that in the same series of transaction, the accused inflicted stab injury on the left side chest of one Sk. Musa so also he inflicted injury by means of knife on the person of Sk. Nisar, brother of Sk. Musa and, also assaulted Sk. Mohammad. and caused injury on his left thigh by means of knife. Accused is alleged to have caused murder of Sk. Ajmat and is responsible for committing attempt of murder of Sk. Mohammad. There is direct evidence of the injured eye-witnesses recorded during the course of trial. Prima facie, this is not a fit case for enlarging the accused on bail. Application seeking release of accused/applicant on bail is rejected. ( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb