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Bombay High CourtBA/1354/2024application allowed

Aalim Bannemiya Shaikh v. The State Of Maharashtra

2024-08-22Hon'Ble Shri Justice S. G. Mehare3 pages

2024:BHC-AUG:18996

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 BAIL APPLICATION NO. 1354 OF 2024 AALIM BANNEMIYA SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Pankaj A. Bharat. APP for Respondent-State : Mr. S. B. Pulkundwar. ...

CORAM : S. G. MEHARE, J.

DATE :

22.08.2024 PER COURT :- 1.

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

2.

The applicant seeks bail in Crime No.545 of 2024, registered with Shevgaon Police Station, District Ahmednagar, for the offences punishable under Sections 452, 365, 367, 323 read with Section 34 of the IPC.

3.

The applicant and injured were the uncle and the nephew. They had quarrel over the footway in the field. In the evening, the applicant with his friends entered the house of the injured and took him in the car. However, on the very same day, the said car in which the injured was taken was brought to

the Police Station. The injured was operated for reduction of nasal bone fracture. The applicant is arrested on 22.06.2024. 4.

Learned APP was asked whether the alleged weapon used in the crime is seized. He says that no information has been supplied to him by the police. He produced the documents. It is not a complete case diary. Therefore, it is presumed that the alleged weapon has been seized from the applicant. It seems that it is a family dispute. The applicant is a young boy of 30 years. Nothing is to be investigated from him. No purpose would be served by keeping him behind bar. Therefore, he deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant AALIM BANNEMIYA SHAIKH be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, on the following conditions :

(a) The applicant should not tamper with the prosecution witnesses.

(b) He should not enter the house of the victim and his relatives.

(c) He should attend the Police Station as and when called on written notice by the Investigating Officer till filing of the charge sheet.

(S. G. MEHARE, J.) ...

vmk/-