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Bombay High CourtBA/981/2023application allowed

Rijwan Ameen Sayyad v. The State Of Maharashtra

2023-06-23Hon'Ble Shri Justice S. G. Mehare2 pages

949 BA-981-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.981 OF 2023 RIJWAN AMEEN SAYYAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar APP for Respondent: Mr. Y.G. Gujarathi ...

CORAM : S. G. MEHARE, J.

DATE : 23.06.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant is seeking bail in Crime No. 0369 of 2023 registered with Police Station Kotwali, Ahmednagar for the offences punishable under Sections 307, 324. 236, 504, 506 read with Section 34 of the Indian Penal Code and Section 37(1) and 135 of the Maharashtra Police Act 1951.

3.

The FIR reveals that the incident happened in two parts. In the first part the allegations have been levelled against the applicant that he came on the spot to quarrel with the injured. However, he was not

949 BA-981-23.odt present in the second episode when the incident of the assault with deadly weapon happened. Nothing is recovered from the applicant. He is father-in-law of the main accused. Considering, the contents of the FIR and no recovery from him, the Court is of the view that his further detention would serve no purpose. Hence, the following order.

ORDER

(i) The application is allowed.

(ii) Applicant Rijwan Ameen Sayyad be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- (Rupees Fifty thousand) with one solvent surety of the like amount, in connection with the above crime on the following conditions :- (a) He shall not tamper with the prosecution witnesses. (b) The applicant shall stay away from the locality where the incident happened for fifteen days from the date of his release.

(c) The applicant shall not contact the victim or any other witnesses till the conclusion of the trial.

( S. G. MEHARE ) JUDGE ysk