Bombay High CourtBA/319/2016allowed

Shaikh Akil S/O Shaikh Iliyas v. State Of Maharashtra, Thr. P.S.O. Dabki Road, P.S. Akola

2016-05-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba319.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.319/2016 Shaikh Akil s/o Shaikh Iliyas ..Versus..

State of Maharashtra, through P.S.O., Dabki Road Police Station, Akola, Distt. Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 10.5.2016 Heard Shri R.J. Mirza, advocate for the applicant and Ms. P.D. Rane, A.P.P. for the non-applicant. The applicant is arrested on 1st August, 2015 in crime registered against him and 9 others for the offences punishable under Sections 302, 307, 109, 201, 120-B, 147, 148 and 149 of the Indian Penal Code, Sections 4 and 25 of the Arms Act and Section135 of the Maharashtra Police Act.

The case of the prosecution is that the accused have assaulted the victim because of which he suffered 7 injuries and succumbed to the injuries.

The accusations against the applicant are that he assaulted the deceased by a sword.

The investigation is complete. The charge-sheet is filed on 27th October, 2015. The non-applicant has not been able to show that the custody of applicant is required for further investigation. In view of the facts on the record, I

2 ba319.16 am of the view that the applicant is entitled to be released on bail.

Hence, the following order:

(i) The applicant having been arrested in Crime No.86/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.25,000/- and one solvent surety in the like amount.

(ii) The applicant shall attend the sessions trial regularly, unless granted exemption by the Sessions Court. (iii) The application is allowed in the above terms. JUDGE Tambaskar.