Shaikh Jamal @ Habu W/O Shaikh Noor v. The State Of Maharashtra

10-BA.1533 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1533 OF 2022 Shaikh Jamal @ Habu s/o. Shaikh Noor ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.Shaikh Faiyazuddin, Advocate for applicant Mr.N.T.Bhagat, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 26, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0139 of 2021 registered with Basmathnagar City Police Station, Dist.Hingoli, for the offences punishable under Sections 307, 324, 323, 504 and 506 read with Section 34 of Indian Penal Code and Sections 4/25 of the Arms Act.

2.

Heard learned counsel appearing for the parties. 3.

Perused the First Information Report and the related papers.

4.

The victim has been discharged from the hospital. The coaccused has been granted bail. On investigation, charge sheet has been filed. It will take time for commencement and conclusion of the trial. Pre-trial detention of the applicant appears to be unwarranted.

10-BA.1533 of 2022 5.

In view of the above, the Court is inclined to grant the applicant bail. Hence, the following order:- (i) The application is allowed.

(ii) The applicant be released in connection with Crime No.0139 of 2021 registered with Basmathnagar City Police Station, Dist.Hingoli, for the offences punishable under Sections 307, 324, 323, 504 and 506 read with Section 34 of Indian Penal Code and Sections 4/25 of the Arms Act, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

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

[R.G. AVACHAT, J.] KBP