Umar Saeed Shaikh And ORS. v. State Of Maharashtra

bdp 66-ba-4355.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4355 OF 2021 Umar Saeed Shaikh and Ors.

...

Applicants

Versus

State of Maharashtra ...

Respondent ****** Rui Danawala a/w Mr. Umesh Mankapure for the Applicants. Mr. A. A. Palkar, APP for the State.

****** CORAM : VINAY JOSHI, J.

DATE : 29th APRIL, 2022 P.C. :- .

Applicant nos. 1 to 5 are seeking for regular bail in Crime No. 95 of 2021 registered with Vishrambag Police Station for the offence punishable under Sections 353, 332, 323, 504, 506, 143, 145, 149 and 249 of the Indian Penal Code. The State opposed the bail by pointing towards seriousness of occurrence.

2.

At the instance of report lodged by Police Officer, crime has been registered. It is the prosecution case that all the applicants who were under trial prisoners were brought to the District Court, Sangli. After Court proceeding while they were on the way, one of the applicant quarrelled with the informant and kicked at his stomach. The other applicants also allegedly beaten man handled the informant. Since, the applicants have assaulted public servant while discharging their duty, the crime has been registered. Perusal of medical certificate discloses that virtually there is no injury on the person of informant.

bdp 66-ba-4355.21.doc Medical Officer recorded history of assault by one person by leg and hand. Investigation is complete and charge-sheet has been filed. Having regard to these facts, case is made out for bail. In view of that following order :-

ORDER

(a) Applicant Nos. 1 to 5 namely (1) Umar Saeed Shaikh, (2) Faruk Ajij Mulla, (3) Irfan Ajij Mulla, (4) Ilias Musa Mulla and (5) Sohel Harun Shaikh be released on bail in connection with Crime No. 95 of 2021 registered with Vishrambag Police Station for the offence punishable under Sections 353, 332, 323, 504, 506, 143, 145, 149 and 249 of the Indian Penal Code, on their furnishing P.R. Bond of Rs.25,000/- each with one or two sureties in the like amount.

(b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

(c) Application stands disposed in above terms.

[VINAY JOSHI, J.] by BIPIN DHARMENDER PRITHIANI Date:

2022.05.04 11:26:01 +0530 BIPIN DHARMENDER PRITHIANI