Salman Rahman Fakir And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 BAIL APPLICATION NO.701 OF 2023

1. SALMAN RAHMAN FAKIR

2. JAVED SHAH RAMZAN SHAH

3. SHAHRUKH RAHMAN FAKIR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Jadhav Satej S. APP for Respondent-State : Mr. K. S. Patil.

...

CORAM : S. G. MEHARE, J.

DATE : 28.04.2023 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned APP for the respondent-State.

2.

The applicant is seeking bail in Crime No.91 of 2023, registered at Dharangaon Police Station, District Jalgaon, for the offences punishable under Sections 307, 353, 332, 143, 147, 148, 149, 323, 427 of the IPC, Section 3, 7 of Criminal Law (Amendment) Act, Section 3 of Prevention of Damage to Public Property Act, 1984 and Section 37(1)(3), 135 of the Maharashtra Police Act.

3. Similarly situated co-accused have been released on bail on certain conditions. Due to the riot, the law and order of the

village and nearby town has been disturbed. The police has an apprehension of repeating the crime. But, the material reveals that their further detention would serve no purpose. The apprehension of the police of repeating the crime may be guarded by imposing certain conditions. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant No.1. SALMAN RAHMAN FAKIR,

2. JAVED SHAH RAMZAN SHAH and 3.

SHAHRUKH RAHMAN FAKIR 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 the like amount each, in Crime No.91 of 2023, registered at Dharangaon Police Station, District Jalgaon, for the offences punishable under Sections 307, 353, 332, 143, 147, 148, 149, 323, 427 of the IPC, Section 3, 7 of Criminal Law (Amendment) Act, Section 3 of Prevention of Damage to Public Property Act, 1984 and Section 37(1)(3), 135 of the Maharashtra Police Act, on the following condition :

(a) The applicants shall not enter village Paldhi, Taluka Dharangaon, District Jalgaon for one year from the date of their release on undertaking that they shall not seek

relaxation of the condition for one year in any condition.

(S. G. MEHARE, J.) ...

vmk/-