Jakir Mohammad Ali Tamboli And Others v. The State Of Maharashtra
931-BA-1282-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.1282 OF 2023
1. JAKIR MOHAMMAD ALI TAMBOLI
2. SHOEB ASLAM SAYYAD @ SALMAN ASLAM SHAIKH
3. SALMAN YUNUS SHAIKH @ SALMAN HINU SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr. Shaikh Mazhar A. Jahagirdar APP for Respondent/State : Mr. K. S. Patil ...
CORAM :
S. G. MEHARE, J.
DATE :
04-08-2023 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.I-0241 of 2023 registered with Tofkhana Police Station, Ahmednagar, for the offences punishable under Sections 307, 323, 143, 147, 148 and 149 of the Indian Penal Code and Sections 4/25 of the Arms Act. 3.
The prosecution has a evidence of CCTV footage. Admittedly, applicants No.1 and 2 were not captured in the CCTV footage. However, applicant No.3 had barely caught the collar of the shirt of the injured. No weapons were recovered from them. The quarrel was between two different religion people. The
931-BA-1282-23.odt applicants are languishing in jail since February 2023. There were no crimes to the discredit of the applicants. The chargesheet has also been filed. Considering the role attributed to the applicants, the Court is of the view that they deserve bail. Hence, the order:- i) The application is allowed.
ii) Applicants No.(1) Jaikr Mohammad Ali Tamboli, (2) Shoeb Aslam Sayyad @ Salman Aslam Shaikkh and (3) Salman Yunus Shaikh @ Salman Hinu, be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.I-0241 of 2023 registered with Tofkhana Police Station, Ahmednagar, for the offences punishable under Sections 307, 323, 143, 147, 148 and 149 of the Indian Penal Code and Sections 4/25 of the Arms Act, on the conditions that, (a) They shall neither tamper the prosecution witnesses nor threat them.
(b) They shall attend the trial on every effective date. ( S. G. MEHARE ) JUDGE rrd