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Bombay High CourtBA/2877/2022disposed off

Sarfaraj Balaso Sayyad v. The State Of Maharashtra

2023-01-05Hon'Ble Shri Justice N. R. Borkar2 pages

34-ba-2877-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by DINESH SADANAND SHERLA Date:

2023.01.23 16:25:52 +0500 CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2877 OF 2022 DINESH SADANAND SHERLA Sarfaraj B. Sayyad ...Applicant V/s.

The State of Maharashtra

...Respondent.

Ms Tanvi G. Tapkire for the Applicant.

Mr. S.S. Hulke, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

05.01.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.112 of 2022 registered at Miraj City Police Station, Sangli for the ofences punishable under Sections 307,324,323, 504 and 506 read with 34 of the Indian Penal Code and Sections 4 and 25 of Arms Act. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

4.

On the date of incident, which took place on 22 March 2022, on some trivial issue initially co-accused Suraj Kore assaulted the complainant. It is alleged that the present applicant had assaulted to the friend of complainant by knife. Prima facie, the incident does not appear to be premeditated. The applicant is in jail for more than 10 months. Considering the overall facts and Dinesh S. Sherla 1/2

34-ba-2877-22.doc circumstances of the case and as there are no other criminal antecedents, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No.112 of 2022 registered at Miraj City Police Station, Sangli for the ofences punishable under Sections 307, 324, 323, 504 and 506 read with 34 of the Indian Penal Code and Sections 4 and 25 of Arms Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2