← Library
Bombay High CourtAPPA/597/2016other disposed off

Maksud Sheikh Gaffur Sheikh And Another v. State Of Maharashtra, Thr. P.S.O. Ramnagar Police Station, Chandrapur

2016-11-18Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.597 OF 2016 IN CRIMINAL APPEAL NO.336 OF 2016 Maksud Sheikh Gaffur Sheikh another ..vs..

State of Maharashtra, through Police Station Officer, Ramnagar Police Station, Chandrapur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Mir Nagman Ali, counsel for the applicant. Shri R.S. Nayak, Addl.P. for the non-applicant/State.

CORAM

: B.P. DHARMADHIKARI & S.B. SHUKRE, JJ.

DATED : NOVEMBER 18, 2016.

Heard learned counsel Shri Mir Nagman Ali for the applicant and learned Additional Public Prosecutor Shri R.S. Nayak for the non-applicant/State. The matter was heard in the morning and in order to understand exact implication of suggestions given to PW1 and PW2 in cross examination about the contents of report/statement, it was adjourned to second half. It is not in dispute that the material attempted to be demonstrated as omission forms part of statements of PW1 as also PW2.

Prima facie, therefore, the witnesses take .....2/-

the name of present applicant. Deposition also shows that all of them, thereafter, have entered into the house and given effect to the crime.

In this situation, though this Court has given bail to co-accused by name Sirajkhan Pathan @ Raja S/o Shahadat Khan Pathan, in the present facts, the application moved by Maksud Sheikh Gaffur Sheikh cannot be granted. Accordingly, it is rejected. Preparation of paper book is expedited.

Liberty is given to the applicant to move an independent application pressing his alleged illness into service for grant of bail.

The criminal application is disposed of accordingly.

JUDGE JUDGE !! BRW !!

.....3/-

C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on :- 18/11/2016 (Personal Assistant) ...../-