Sheikh Jameer Sheikh Jalil Qureshi (In Jail) v. The State Of Maharashtra, Through P.S.O. City Police Station, Chandrapur

1 ba538.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

Criminal Application (BA) No. 538 of 2015 (Sheikh Jameer Sheikh Jalil Qureshi Vs. The State of Maharashtra through P.S.O., City Police Station, Chandrapur) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri R. M. Mardikar, Advocate for applicant Shri A. D. Sonak, APP for the State/non-applicant CORAM : V. M. DESHPANDE, J.

DATE : 20-8-2015.

This is an application for regular bail. The applicant is arrested on 16-3-2015 in connection with Crime No. 72/2015 registered at City Police Station, Chandrapur for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code.

Heard Shri R. M. Mardikar, learned counsel for the applicant and Shri A. D. Sonak, learned Additional Public Prosecutor for the State.

The investigation is over and charge-sheet is already filed. The First Information Report is lodged by Shaikh Qureshi, who is father of injured Shaikh Shakil. It is alleged that present applicant has given a stab blow on the abdomen of Shaikh Shakil. Injury certificate of Shaikh Shakil is available on record. Injury certificate shows that a single stab was given by the present applicant. The injured is already discharged from the hospital on 7-4-2015 and thus, there is no chance of offence to be converted into .....2/-

2 ba538.15.odt graver one. Though there is recovery at the instance of the applicant, in view of the communication given by the Investigating officer to the witness Bhaskar Kashinath dated 17-3-2015, it is crystal clear that the Investigating Officer was knowing the place from where the recovery of weapon is to be made. In view of the fact that charge-sheet is filed, further custodial presence of the applicant is not warranted, however, the applicant can be released on bail on imposing certain conditions as submitted by the learned Additional Public Prosecutor.

ORDER

(i) The application is allowed.

(ii) The applicant Sheikh Jameer Sheikh Jalil Qureshi be released on bail on executing P.R. bond in the sum of Rs. 25,000/- with one solvent surety in like amount in connection with Crime No. 72/2015 registered at City Police Station, Chandrapur for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code.

(iii) Bail before the trial Court.

(iv) The applicant shall attend City Police Station, Chandrapur once in fortnight, preferably on Sunday between 3.00 p.m. to 5.00 p.m. till the charge is framed by the learned trial Court.

With these observations, the application is disposed of.

JUDGE wasnik ...../-