Sayyad Shejad Ali Sayyad Naser Ali v. The State Of Maharashtra

907-ba-1932-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1932 OF 2022 SAYYAD SHEJAD ALI SAYYAD NASER ALI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Gaurav L. Deshpande h/f Mr. Naik Kaustubh K.

APP for Respondent/State : Mr. S.P. Sonpawale ...

CORAM : S.G. MEHARE, J.

DATED : MARCH 14, 2023 PER COURT:- 1.

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

2.

Similarly situated co-accused have been released on bail by this Court observing that the only evidence against the co-accused Sayyad Shaker is in the nature of extra judicial confession allegedly made to the informant. The FIR reveals that the present applicant has made extra judicial confession to the informant. Admittedly, extra judicial confession is a weak piece of evidence. That apart, considering the role attributed to the applicant that he hold the deceased and other co-accused who have been granted bail assaulted the deceased. In the facts and circumstances of the case, the parity would be applied and he deserve bail. Hence, the following order :

907-ba-1932-2022.odt (2)

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Sayyad Shejad Ali Sayyad Naser Ali, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No.308 of 2019, registered with Cantonment (Chavani) Police Station, District Aurangabad for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, on the condition that he shall not tamper with the prosecution witnesses. (S.G. MEHARE, J.) Mujaheed//