Shaikh Ayaz Shaikh Mumtaz v. The State Of Maharashtra

2024:BHC-AUG:17349 956-ba-1314-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1314 OF 2024 Shaikh Ayaz Shaikh Mumtaz

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Vijay B. Jogdand h/f Mr. Nitin N Jagadale APP for Respondent/State : Mr. A.S. Shinde ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 08, 2024 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant seeks bail in Crime No.189 of 2024 registered with Jawaharnagar Police Station, District Aurangabad for the offence punishable under Sections 109, 352, 3(5) of Bharatiya Nyay Sanhita, 2023.

3.

Perused the report which shows that the sole co-accused poured the petrol on the person of the injured and put him to fire. The injured nowhere mentioned the presence of other accused. There is absolutely no evidence against the applicant except his bad past. Bad past is no ground to refuse the bail. The Court has to consider the allegations and nature of crime in which the applicant seeks bail. In view of the above, the applicant deserves bail. Hence, the following order :

956-ba-1314-2024.odt (2)

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Shaikh Ayaz Shaikh Mumtaz, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the condition that he shall not tamper with the prosecution witnesses. (S.G. MEHARE, J.) Mujaheed//