Musa Amirsab Sagari v. The State Of Maharashtra

1 5) ba91-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.91 OF 2018 Musa Amirsab Sagari ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Sachin Deokar I/b. Mohammed S.Mulla for the applicant. Mr. N.B. Patil, APP for the respondent­State. CORAM : NITIN W. SAMBRE, J.

DATE : JANUARY 15, 2019 P.C.:­ Heard learned counsel for the applicant and learned APP for the State.

2.

In crime No.407/2018 for offfence punishable under sections 325, 325, 324, 323, 506 read with 34 of the Indian Penal Code registered with Akkalkot North police station, District Solapur, the applicant was arrested on September 29, 2018 and is charge­sheeted is seeking regular bail.

3.

The complainant and the present applicant are real brothers and there was dispute over the right to draw water from well in the agricultural land. The parties are already in litigation

2 5) ba91-19.doc before the Civil Court to the extend of their rights to draw water from the well in question.

4.

A prayer for injunction made by the complainant was also rejected. One of the co­accused namely Mahiboob Musa, son of the applicant had also suffered grievous injuries in the crime in question.

5.

In the aforesaid backdrop, in my opinion, the applicant deserves to be released on bail. Hence, the order. i) The applicant be released on bail in Crime No.407/2018 for offfence punishable under section 325, 325, 324, 323, 506 read with 34 of the Indian Penal Code registered with Akkalkot North police station, District Solapur upon furnishing P.R. bond of Rs.25,000/­ with one or two sureties in the like amount;

ii) The applicant shall not influence the prosecution witnesses or tamper with the evidence;

iii) Till the framing of charge, the applicant shall not enter the jurisdiction of the concerned police station; iv) The application is disposed of accordingly.

(NITIN W. SAMBRE, J.)