Shakir Mashak Shaikh v. The State Of Maharashtra

2024:BHC-AS:17731

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1281 OF 2024 SHAKIR MASHAK SHAIKH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Akash Kavade i/b Adv. Abdul Quadir Auti for the Applicant.

Mr. S.A. Karmarkar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : APRIL 17, 2024 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 341, 354, 354-A, 323, 504 read with 34 of the Indian Penal Code registered on 13/06/2023 vide C.R. No.367 of 2023 with Akkalkot Southern Police Station, Solapur.

3.

It is the case of the prosecution that the applicant caught hold of the hand of the first informant and outraged her modesty. The incident was informed to her in-laws. On 1/4

12/06/2023, when the first informant and her sister-in-law were washing utensils outside the house, the applicant along with the co-accused arrived there and threatened the first informant to accompany him as he expressed that he liked her. The husband of the first informant intervened. In the sudden quarrel that took place between them, the applicant stabbed the informant's husband with a knife in his stomach. The knife was recovered at the instance of the applicant.

4.

Learned APP opposed the application and submitted that the medico-legal certificate indicates that the victim suffered a grievous stab injury on the right side of the abdomen.

5.

There is a cross FIR registered by the applicant against the husband of the first informant. The applicant was arrested on 13/06/2023 and is now in custody for almost 9 months as an undertrial. There are no criminal antecedents reported against the applicant. The investigation is complete and the charge-sheet has been filed. The trial is not likely to conclude any time soon. 2/4

Learned counsel for the applicant, on instructions, submitted that the applicant is willing to reside outside the village - Chincholi till the conclusion of the trial. The statement is accepted. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Shakir Mashak Shaikh in connection with C.R. No.367 of 2023 registered with Akkalkot Southern Police Station shall be released on bail on his furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Akkalkot Southern Police Station, once in three months, on the first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m. commencing May 2024.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his/her contact number and residential address to the Investigating Officer and shall keep him 3/4

updated, in case there is any change.

(f) Except for the purpose of reporting to the Investigating Officer, the applicant shall not enter Chincholi Village after being released on bail, till the trial concludes.

(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(h) The application is disposed of.

(M. S. KARNIK, J.) 4/4 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 17/04/2024 18:33:16