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Bombay High CourtBA/989/2023application allowed

Juber Majid Shaikh And Another v. The State Of Maharashtra

2023-06-26Hon'Ble Shri Justice S. G. Mehare2 pages

24-BA-989-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.989 OF 2023 JUBER MAJID SHAIKH AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Sushil P. Pandit with Mr. A. R. Syed APP for Respondent : Mr. S. B. Narwade ...

CORAM :

S. G. MEHARE, J.

DATE :

26-06-2023 PER COURT :- 1.

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

2.

The applicants are seeking bail in C.R.No.246 of 2023 registered with Navapur Police Station, Taluka Navapur, District Nandurbar, for the offences punishable under Sections 307, 323, 506 read with Section 34 of the Indian Penal Code. 3.

Applicant No.1 was the driver of the first informant. There was a dispute between them for money. The complainant and the injured were asking him to pay his money back and on that count, the incident happened. The weapons allegedly used in the crime have been recovered. The injured has been discharged from the hospital. The other material pertaining to the crime has also been

24-BA-989-23.odt recovered at the instance of the applicant. There are no antecedents to his discredit. The apprehension of the prosecution that the applicant may tamper with the prosecution witnesses, can be guarded by imposing certain conditions upon him. Hence, the order:- i) The bail application is allowed.

ii) Applicants No. (1) Juber Majid Shaikh and (2) Iliyas @ Ilu Akbar Shah, be released on bail, on furnishing PB and SB of Rs.50,000/- each, with one solvent surety of the like amount, in C.R.No.246 of 2023 registered with Navapur Police Station, Taluka Navapur, District Nandurbar, for the offences punishable under Sections 307, 323, 506 read with Section 34 of the Indian Penal Code, on the conditions that, (a) They shall not tamper with the prosecution witnesses. (b) They shall stay away from the village Navapur for four months from the date of their release.

(c) They shall not threat the injured and other witnesses. ( S. G. MEHARE ) JUDGE rrd