Salim M. Ayyub Timmapure v. State Of Maharashtra And ANR

2024:BHC-AS:10944

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.124/2024 SALIM M. AYYUB TIMMAPURE ..APPELLANT VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Adv. Advait U. Shukla i/b. Adv. Abdul Q. Auti for the appellant.

Smt. Sangeeta D. Shinde, APP for the State.

Adv. Advait Tamhankar for the respondent no.2. ------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 6, 2024.

P.C. :

1.

Heard learned counsel for the appellant, learned APP for the State and learned counsel for the respondent no.2. 2.

Learned counsel for the respondent no.2 submitted that there was some dispute which the respondent no.2 had with the accused over the leftover food which was kept on the boundary wall between the house of the complainant and the accused.

3.

The complainant is personally present in the Court. She has produced the copy of the Aadhar card. The complainant insists that she does not want to proceed with 1/3

the complaint and has no objection if the appellant is enlarged on bail.

4.

The appellant is the original accused no.3. The appellant is arrested on 1/11/2023 for the offence punishable under Sections 354, 354(b), 452, 323, 504, 506 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) read with 3(1)(w)(i)(ii), 3(1)(r)(s), 3(2)(5a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered on 1/11/2023 vide C.R. No.713/2023 with Sadar Bazaar Police Station, Solapur. 5.

It is further submitted that the parties intend to apply for quashing of the proceedings before the appropriate Court. It is submitted that there were misunderstandings and the parties are resolving their dispute. The investigation is complete. The charge-sheet has been filed. In this view of the matter, I am inclined to enlarge the appellant on bail. Hence, the following order :-

O R D E R

(a) The appeal is allowed.

(b) The appellant - Salim M. Ayyub Timmapure in connection with C.R. No.713/2023 registered with Sadar 2/3

Bazaar Police Station, Solapur. shall be released on bail on his furnishing P.R. Bond of Rs.10,000/- with one or more sureties in the like amount.

(c) The appellant is permitted to furnish cash bail surety in the sum of Rs.10,000/- for a period of 6 weeks in lieu of surety.

(d) The appellant shall attend the trial regularly. 6.

The application is disposed of.

7.

I appreciate the valuable assistance rendered by Advocate Advait Tamhankar, who appeared on behalf of respondent No.2 in this proceeding. His engagement may be regularized by the Maharashtra State Legal Services Authority.

(M. S. KARNIK, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 06/03/2024 18:00:13