Shaikh Adil Shaikh Karim And Another v. The State Of Maharashtra
2024:BHC-AUG:10978
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 32 BAIL APPLICATION NO. 720 OF 2024
1. SHAIKH ADIL SHAIKH KARIM
2. MASUD IBRAHIM QURESHI
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr. Ghanekar Nilesh S. APP for Respondent-State : Mr. S. M. Ganachari. ...
CORAM : S. G. MEHARE, J.
DATE :
18.06.2024 PER COURT :- 1.
Heard the learned counsel for the applicants and the learned APP for the respondent-State.
2.
The applicants seek bail in Crime No.336 of 2023, registered with Umri Police Station, District Nanded, for the offences punishable under Sections 307, 327, 143, 147, 148, 149 of the IPC.
3. Learned counsel for the applicants submits that its a counter case lodging report against each other. The applicant Shaikh Adil has also suffered injuries. He lodged the report against present complainant. He would submit that the injuries does not match with the alleged weapon used in the crime. The injured has suffered simple injuries on his head probably
caused by hard and blunt object. However, the contrary allegations have been used by Shaikh Adil caused injury to the complainant/injured by a knife. He would submit that coaccused has allegedly pierced a pointed weapon in the cheeks of the injured has been granted bail. There are no antecedents to the discredit of the applicant. The charge sheet has been filed. The applicants are young boys. Hence, bail may be granted to them.
4.
Learned APP has strongly opposed the application contending that the complainant and the accused belong to different communities. The applicants are habitual to quarrel with neighbours. The applicants have created nuisance in the society. There is likelihood of a bigger offence, if they are granted bail.
5.
Perused the papers. Learned counsel for the applicants has correctly pointed out that the injury does not match with the weapon allegedly using in the crime. The weapons have been recovered. The injured was discharged from the hospital as there was no harm to his life. The applicant Shaikh Adil also has suffered injuries in the quarrel. The apprehension of the prosecution of disturbing law and order may be guarded by imposing certain conditions. Hence, the following order :
O R D E R
(i) Bail Application is allowed.
(ii) Applicant Nos.1 SHAIKH ADIL SHAIKH KARIM and 2. MASUD IBRAHIM QURESHI be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of like amount each, on the following conditions :
(a) They shall not enter the locality where the injured are residing till the conclusion of the trial.
(b) They shall not involve themselves in a similar crime.
(c) They shall attend the Police Station every Monday between 10.00 a.m. to 1.00 p.m. for further six (6) months.
(d) They shall co-operate with the trial and attend it regularly.
(S. G. MEHARE, J.) ...
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