Taslim @ Kalya Shaikh Salim Shaikh v. The State Of Maharashtra

2025:BHC-AUG:694 {1} BA 2189 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 2189 OF 2024 Taslim @ Kalya Shaikh Salim Shaikh Age: 35 years, Occu.: Labour, R/o. Deendayal Nagar, Bhusawal.

....Applicant

Versus

The State of Maharashtra .....Respondent .....

Advocate for Applicant : Mr.Abhaysinh K. Bhosle APP for Respondent : Mr.V.M.Jaware .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 09 JANUARY, 2025 PRONOUNCED ON : 10 JANUARY, 2025 ORDER :

1.

This is a regular bail application on account of arrest of applicant in Crime no.0532 of 2022 registered at Bhusawal Bazarpeth Police Station for offence under Sections 307, 323, 504, 506 read with 34 of the Indian Penal Code.

2.

Learned Counsel for the applicant submitted that applicant is arrested in above crime on 17-11-2022. That there was incident and quarrel on account of allegation of eve teasing. It is pointed out that two

{2} BA 2189 OF 2024 accused are beneficiaries of bail. That there are allegations of assault by knife, but the same is already recovered. Now investigation is also over and nothing is to be seized. Chargesheet is already filed. However, according to learned counsel, charge is not yet framed and it will take indefinitely long time to frame charge and conclude trial. That applicant is behind the bars for more than two years. For above reasons, relief of regular bail is prayed for.

3.

Learned APP pointed out that there are specific allegations and role of present applicant is described. That there are allegations of use of deadly weapon like knife. That there is eye witness account. Learned APP pointed out that present applicant has even given a slit to the throat. That applicant has criminal antecedents and around 20 crimes are registered against him and as such according to him, it is unsafe to grant relief of bail to such applicant.

4.

Heard both the sides. Perused the papers including FiR dated 17-11-2022. Substance of the FIR at the instance of one Farzanabee Shaikh Salim is that, present applicant and other accused namely Kalim Shaikh, Girish Johari are gundas and she gave secret information to police about their illegal activities. She had also lodged report against present applicant for beating her sister and hence, according to her, present applicant was

{3} BA 2189 OF 2024 upset and annoyed with her. She has alleged that on 16-11-2022, while she was sitting with her mother-in-law, at that time, applicant, Kalim Shaikh and Girish Johari came there and initially asked informant how come she had come there and even asked her whether there was any girl and thereafter, he allegedly abused her, caught her by hair and present applicant has allegedly whisked out knife and assaulted informant. 5.

Statement of mother-in-law namely Nirmal Jadhav is recorded wherein she too has reiterated above incident. Medical certificate issued by General Hospital, Jalgaon is also placed on record and there are four CLW injuries, which are shown to be sutured and the one on lumbar region is shown to be grievous in nature. Chargesheet carries antecedents of the present applicant and apparently there is long list of crimes of varied nature to his credit. Therefore, though chargesheet is filed, considering the criminal antecedents, this Court is not inclined to grant relief of bail as prayed for. Hence, the following order :

ORDER

Bail Application No.2189 of 2024 is rejected. ( ABHAY S. WAGHWASE ) JUDGE SPT