Sheikh Salim S/O Sheikh Burhan v. The State Of Maharashtra, Through P.S.O./In-Charge, Ramdaspeth Police Station, Akola And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application No.120 of 2014 (Sheikh Salim s/o Sheikh Burhan V The state of Maharashtra thr PSO PS Ramdaspeth, Akola and another) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri R.J. Mirza, Adv for applicant.

Shri S.V. Sirpurkar, Adv for resp.no.2.

APP for State.] CORAM : A.B. CHAUDHARI, J.

DATED : 03.07.2015.

Heard the learned counsel for the rival parties.

Perused the impugned order dated 18-11-2014 passed by the learned Additional Sessions Judge, Akola, thereby granting bail to the respondent no.2. Upon perusal of the impugned order, I find that so far as the role played by the present applicant is concerned, he is the chief instigator.

Nevertheless, the respondent no. 2 has not been accused of any overt act in the actual attack alike others who have been released on bail. It is not in dispute that after granting bail in favour of respondent no.2 he has not

misused or abused the conditions of bail. He is at large on bail since eight months.

The learned Counsel for the respondent no.2 makes a statement that the other two accused namely Sheikh Farid and Sheikh Rashid Sheikh Sultan are closely related to respondent no.2 shall also not enter Akola town. In view of above, I pass the following order :- Order A] The application filed by the applicant for cancellation of bail is not entertained and is rejected.

B] The respondent no.2 Sheikh Sultan s/o Sheikh Yasin, Sheikh Farid and Sheikh Rashid Sheikh Sultan are directed not to enter the boundary of Akola town till the trial is completed, except for the purposes of trial and the appearances and any breach of this condition would result into cancellation of bail.

JUDGE Deshmukh