Asif Sharif Pathan And Another v. The State Of Maharashtra

2024:BHC-AUG:13688 944-BA-991-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 991 OF 2024 1.

Asif Sharif Pathan, Age 28 years 2.

Sharif Khan s/o. Gazi Khan Pathan, Age 64 years, Both R/o. Near Mit Mita Water Tank, Mitmita, Chh. Sambhajinagar ..

Applicants

Versus

The State of Maharashtra Through the Police Inspector, Cantonment Police Station, Chavani, Tq. And Dist. Chh. Sambhajinagar ..

Respondent ...

Advocate for Applicant : Mr. Sunita G. Sonawane APP for Respondent : Mrs. D. S. Jape ...

CORAM : S. G. MEHARE, J.

DATE : 10-07-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent.

2.

The applicants seek bail in C.R.No.0269 of 2024 registered with Cantonment Chavani Police Station, Tq. And Dist. Chh. Sambhajinagar, for the offences punishable under Sections 307, 341, 143, 147, 148, 149, 504 of the Indian Penal Code. 3.

The papers reveal that it was a dispute about the land. The counter report filed by the family member reveals that the injured was fixing the board on the land which they had purchased. When

944-BA-991-24.odt the incident occurred, there was a free fight. The alleged weapons have been recovered. The medical report placed on record does not support the allegations. The material investigation has been completed. Therefore, the applicants deserve bail. Hence, the order:-

ORDER

i) The application is allowed.

ii) Applicant No.1 Asif Sharif Pathan and applicant No.2 Sharif Khan s/o. Gazi Khan Pathan be released on bail, on furnishing PB and SB of Rs.50,000/- each, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) They shall not tamper with the prosecution witnesses. (b) They shall not threaten the prosecution witnesses and involve in the similar crime.

(c) They shall attend the trial on each and every date. (d) They shall attend the police station as and when called by the Investigating Officer on written notice, till the filing of the chargesheet.

( S. G. MEHARE ) JUDGE rrd