Mohammad Ziyaullah Abdul Azeez v. The State Of Maharashtra
2025:BHC-AUG:17555
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 BAIL APPLICATION NO.831 OF 2025 MOHAMMAD ZIYAULLAH ABDUL AZEEZ
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.Menchirel Suresh Nanappa. APP for Respondent-State : Mr.S.K.Shirse ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 08.07.2025 P.C. :
1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is seeking bail as he is arrested on 20.03.2025 in connection with Crime No. 434/2019, registered with Jinsi Police Station, Aurangabad, for the offence punishable under Sections 406, 420 r/w. 34 of the IPC and Section 3 and 4 of MPID Act.
3] The learned counsel for the applicant submits that this Court, by order dated 10.06.2025, has granted bail in favour of the applicant on the ground of medical emergency. He further submits that the applicant has done surgery and he will take 5-6 months for recovery. He further submits that this Court, by order dated 29th October, 2021
in Bail Application No.672/2021, has granted bail in favour of main co-accused i.e. Rizwan Chaman, so also, the Additional Sessions Judge, Auranagbad, by order dated 18th March, 2020 in Special MPID Case No.161/2020, has also granted bail in favour of co-accused, namely, Najiya Kausar Mohd. Chaman. Considering the said fact, the bail should be granted in favour of the applicant on the ground of medical, so also, on the ground of parity.
4] The learned APP has not disputed that the main accused has been granted bail by this Court, so also, not opposed the bail on the ground of medical emergency so also on the ground of parity.
5] Considering the health of the applicant, so also, considering the ground of parity as co-accused have been granted bail by this Court as well as by the Sessions Court, the applicant is granted bail. In view of the same, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 434/2019, registered with Jinsi Police Station, Aurangabad, for the offence punishable under Sections 406, 420 r/w. 34 of the IPC and Section 3 and 4 of MPID Act, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
6] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
7] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC