Shaikh Faruk Shaikh Ayyub Maniyar v. The State Of Maharashtra

1 appln2916&2920-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2916 OF 2015 Shaikh Faruk Shaik Ayyub Maniyar Age 31 years, Occupation: Labour R/o Nurani Nagar, Jargaon, Taluka Pachora, District: Jalgaon ... Applicant

Versus

The State of Maharashtra Through the Police Inspector, Police Station, Pachora, Dist. Jalgaon ... Respondent WITH CRIMINAL APPLICATION NO. 2920 OF 2015 Santosh Bhagwant Patil Age 30 years, Occupation: Agriculture R/o Nurani Nagar, Jargaon, Taluka Pachora, District: Jalgaon ... Applicant

Versus

The State of Maharashtra Through the Police Inspector, Police Station, Pachora, Dist. Jalgaon ... Respondent Mr. V. B. Patil, Advocate for the applicants in both the matter Mr. Milind M. Patil (Beedkar), Advocate for the first informant. Mr. U. S. Mote, APP for the Respondent-State.

CORAM

:

V. M. DESHPANDE, J.

DATE :

29th June, 2015 PER COURT :

1.

Both these applications are for regular bail. These applications can be disposed of by this common order since both the 1/5

2 appln2916&2920-15 applications arise out of Crime No. 25/2015 registered with Police Station Pachora, District Jalgaon for the offences punishable under Sections 397, 364-A, 386, 387, 342, 325, 329, 120(B) of the Indian Penal Code, 1860.

2.

Heard Mr. V. B. Patil, learned counsel for the applicants in both the applications, Mr.U. S. Mote, learned Additional Public Prosecutor for the State and Mr. Milind Patil-Beedkar, learned counsel for the first informant.

3.

Investigation is over. Charge-sheet is already filed. 4.

According to the first information report, the first informant is holding immovable property being a Plot No.7 in Gat No.132/01 admeasuring 2000 square meter at Jargaon Taluka Pachora. According to the first informant, market value of the said plot is about Rs.75 to 80 lakhs. The first information report further shows that the applicant in Criminal Application No.2920/2015 Santosh was interested in purchasing the said property. However, since the first informant Rajendra Kadam was not intending to sell this plot, was not ready to sell this plot to Santosh. First information report further states that on 14.01.2015, when the first informant was 2/5

3 appln2916&2920-15 standing at Bharat dairy, at that time, Santosh meet him and alongwith him one Bhurya was also there. Upon enquiry being made with him by the first informant, Santosh disclosed that he is going to purchase fish in the fish market. Thereafter, after 5 to 10 minutes one silver colour Cruiser came there and the driver asked the first informant whether he intends to go to Varkhedi and thereafter, according to the first information report, he entered into the the said Cruiser. That time, two unknown persons tried to kill him and they said that they have received a contract to kill him from his close relative for amount of Rs.60 lakhs and he want to save himself, he shall give more amount than Rs.60 lakhs. Therefore, according to the first informant, he gave Number of applicant Santosh.

Thereafter, according to the first information report, the first informant was assaulted and he was thrown away on the road at Ghatnandra. The first information report further shows that the applicant Santosh has disclosed to the first informant that he has given Rs.67 lakhs to the abductors of the first informant and therefore he demanded execution of the sale deed in respect of the said plot. 5.

Insofar as the applicant Shaik Faruk Shaikh Ayyub Maniyar in Criminal Application No. 2916 of 2015 is concerned, according to 3/5

4 appln2916&2920-15 the prosecution, he was one of the passengers in the said cruiser in which the first informant was abducted and was assaulted. According to the prosecution case, a golden chain worth Rs.1,20,000/- was snatched away from the first informant.

6.

Investigation is already over. Charge sheet is already filed. The applicants are in jail since 23rd January, 2015. Therefore, the applicants can be released on bail by putting certain stringent conditions. That leads me to pass following order:

O R D E R

i.

Criminal Application Nos. 2916 of 2015 and 2920 of 2015 are allowed.

ii.

Shaikh Faruk Shaik Ayyub Maniyar, applicant in Criminal Application No. 2916 of 2015 and Santosh Bhagwat Patil, Applicant in Criminal Application No. 2920 of 2015 shall be released on bail in connection Crime No. 25/2015 registered with Police Station Pachora, District Jalgaon for the offences punishable under Sections 397, 364-A, 386, 387, 342, 325, 329, 120(B) of the Indian Penal Code, 1860 on their executing P.R. Bond of Rs.25000/- (Rs. Twenty Five Thousand only) each with two solvent sureties in the like amount. Bail before the trial Court.

iii.

The applicants shall attend the police station twice a week, 4/5

5 appln2916&2920-15 preferably on every Sunday and every Tuesday between 2 p.m. and 5 p.m. till the trial is over.

iv.

The applicants shall not given any threats to the first informant.

v.

With this the applications are disposed of.

(V. M. DESHPANDE, J. ) JPC 5/5