Esraial Ali Shaikh v. The State Of Maharashtra
939 & 946-ba-424-2023.odt (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.424 OF 2023 ESRAIAL ALI SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Nahar Akash P APP for Respondent/State : Mr. S.P. Deshmukh AND BAIL APPLICATION NO.514 OF 2023 LIYAKAT S/O. RAJU SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. U.A. Sayyed h/f Mr. Shermale K. N. APP for Respondent/State : Mr. K.S. Patil ...
CORAM : S.G. MEHARE, J.
DATED : MARCH 28, 2023 PER COURT:- 1.
Heard learned counsels for both applicants and learned APP for the State.
2.
As far as applicant - Liyakat is concerned, the similarly situated co-accused have been granted bail. Hence, he deserve parity. It has been alleged against the applicant - Esraial that he assaulted the injured with a knife. However, the injury report shows that the first informant has suffered simple injuries. The weapon used in the crime has been recovered. Considering the progress in the
939 & 946-ba-424-2023.odt (2) investigation and nature of crime, it would be not justifiable to keep the applicants behind bar. Hence, the following order :
ORDER
(i) Both Bail Applications are allowed.
(ii) The applicants, Esraial Ali Shaikh in Bail Application No.424 of 2023 and Liyakat Raju Shaikh in Bail Application No.514 of 2023, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety in the like amount in connection with Crime No.06 of 2023, registered with Sonai Police Station, Taluka Newasa, District Ahmednagar for the offence punishable under Section 307, 324, 323, 504, 506 r/w 34 of the Indian Penal Code and Section 4/25 of Indian Arms Act, on the conditions that they shall not tamper with the prosecution witnesses. (iii) The applicants shall attend the concerned police station as and when called on written notice by the investigation officer, till filing the charge sheet.
(S.G. MEHARE, J.) Mujaheed//