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Bombay High CourtBA/1255/2022application allowed

Azim Sayyad @ Bhuriya Sayyad Murad And Another v. The State Of Maharashtra

2022-08-25Hon'Ble Shri Justice R. G. Avachat2 pages

955-BA-1255-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1255 OF 2022

1. Azim Sayyad @ Bhuriya Sayyad Murad

2. Shaikh Ashfaq s/o Sk. Ishaq ... Applicants

Versus

The State of Maharashtra ... Respondent ....

Mr. M. A. Latif, Advocate for applicants Mr. N. T. Bhagat, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 25th AUGUST, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.66/2022, registered at City Chowk Police Station, Aurangabad, District Aurangabad for the offences punishable under Sections 25 and 4 of the Indian Arms Act, Sections 336, 427 of the Indian Penal Code, Section 7 of the Criminal Amendment Act, 2013 and Section 135 of the Maharashtra Police Act.

2.

Heard. Perused the First Information Report (FIR) and related papers.

3.

The learned APP has objection to grant the application.

(( 2 )) 955-BA-1255-2022 4.

The applicants are alleged to have had brandished weapons like sword. Admittedly, they have not used those weapons. The charge-sheet has been filed. The offences are triable by the learned Judicial Magistrate First Class. It will necessarily take time for commencement and conclusion of trial. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicants be released on bail in connection with Crime No.66/2022, registered at City Chowk Police Station, Aurangabad, District Aurangabad for the offences punishable under Sections 25 and 4 of the Indian Arms Act, Sections 336, 427 of the Indian Penal Code, Section 7 of the Criminal Amendment Act, 2013 and Section 135 of the Maharashtra Police Act, on their executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with surety bond each of the like amount.

(iii)The applicants shall attend the concerned police station once a week i.e. on every Sunday by 12.00 noon until conclusion of trial.

(iv)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS