Fayyaj Nisar Shaikh v. The State Of Maharashtra

2024:BHC-AUG:851 {1} 938-ABA-1599-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1599 OF 2023 Fayyaj Nisar Shaikh ....Applicant

VERSUS

The State Of Maharashtra .....Respondent .....

Ms. Manjushri V. Narwade, Advocate for Applicant. Mr. N.B. Patil,APP for Respondent.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 16 th JANUARY, 2024 ORDER :

1.

Applicant apprehends arrest in Crime No. 413/2016, registered with Pachod Police Station, Taluka- Paithan, for the offences punishable under sections 326, 324, 323, 506, 336, 427, 143, 147 148, 149 of the Indian Penal Code. 2.

FIR is lodged by Shaikh Iqbal Shaikh Sadiq Inamdar on 25.12.2016 against 26 accused persons alleging that all accused persons formed unlawful assembly and assaulted him with chopper, axe and stone.

3.

Heard learned advocate for applicant and learned APP for respondent. Perused the charge sheet. Bhagyawant Punde

{2} 938-ABA-1599-2023 4.

After registration of crime, some of co-accused were granted anticipatory bail by this Court in Criminal Application Nos. 600/2017 and 591/2017 on the ground that there are general allegations and no specific role is attributed to them. Charge sheet is filed in the present crime on 31.08.2018. Present applicant is similarly situated like that of co-accused who are already released on anticipatory bail by this Court vide order dated 22.02.2017.

5.

In that view of the matter, custodial interrogation of applicant is not necessary. The application is therefore allowed by confirming the interim protection granted to applicant vide order dated 11.10.2023.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde