Munjmil @ Vicky @ Shaikh Munjamil Shaikh Mehmood v. The State Of Maharashtra

2024:BHC-AUG:28 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 BAIL APPLICATION NO. 2181 OF 2023 Munjmil @ Vicky @ Shaikh Munjamil Shaikh Mehmood ..APPLICANT -VERSUSThe State of Maharashtra ..RESPONDENT ...

Advocate for Applicant : Mr. Patwardhan Rohit Prashant APP for Respondent/State : Mr.Mukesh K. Goyanka .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 3rd JANUARY, 2024.

PER COURT :- 1.

This is an application for grant of bail in connection with crime No.845 of 2023 registered with Nandurbar City Police Station, Nandurbar, for the offences punishable under sections 307, 452, 324, 323, 141, 143, 147, 148, 149, 336, 337, 504, 506 of the Indian Penal Code.

2.

The learned advocate for the applicant submitted that the investigation in this crime is practically over and only the chargesheet is to be submitted. The quarrel took place all of sudden and there was no preparation and motive for commission of the crime. It is submitted that the applicant be released on bail. 3.

The learned APP for the State strongly opposed the application and pointed out the order passed by the learned

-2Additional Sessions Judge, Nandurbar. He submitted that the applicant has attempted to commit murder of three injured persons. He lastly submitted that investigation is not yet completed. He prayed to reject the bail application.

4.

The papers of investigation are placed before this Court. The learned advocate for the applicant pointed out that alleged incident is not in dispute as there is counter case. However, he submitted that practical investigation is over. On perusal of injury certificate and the statements of the witnesses, it appears that quarrel took place all of sudden. Applicant has no criminal antecedents. The applicant will not flee away from the trial. Trial would take long period. In such facts situation, the application for bail deserves to be allowed. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with crime No.845 of 2023 registered with Nandurbar City Police Station, Nandurbar, for the offences punishable under sections 307, 452, 324, 323, 141, 143, 147, 148, 149, 336, 337, 504, 506 of the Indian Penal Code, be released on bail on furnishing personal bond of Rs.50,000/- with two sureties of the like amount on following conditions:- a) The applicant shall not pressurize the witnesses and tamper with the prosecution evidence in any manner.

-3b) The applicant shall not enter into the area in which the informant and injured witnesses Abdul Gaffar and Javed are residing until further order or until filing of final report, whichever is earlier.

III.

Application is disposed of.

(SANJAY A. DESHMUKH, J.) sga