Shabbit Ahamad Shagir Ahamad Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR CRIMINAL BAIL APPLICATION NO. 1325 OF 2024 SATISH RAMCHANDRA SANGAR Date: 2024.07.10 15:00:37 +0530 Shabbir Ahemad Shagir Ahamad Shaikh

...Petitioner

vs.

State of Maharashtra

...Respondent

***** Mr. Advait Tamhankar a/w. Adv.

Lochan Chandka :- Advocate for Applicant.

Mr. H. J. Dedhia :- APP for Respondent-State.

***** CORAM : S. M. MODAK, J.

DATE : 3rd JULY 2024 P. C. :- 1.

Heard learned Mr. Tamhankar for the Applicant and learned APP. It is true that this Court has rejected Bail Application of this Applicant on 7th July 2023. Liberty was granted to apply if the trial is not commenced within six months. Up till now, charge is not framed. 2.

Applicant applied before the Additional Sessions Judge, Palghar. It was rejected on 16th February 2024. The case is not committed by 1/3

the trial Magistrate and hence there was no question of framing of charge and commencement of trial. It is observed by the trial Court. The changed circumstance needs to be considered. 3.

The offences are under Sections 395, 397, 429 read with Section 34 the Indian Penal Code (IPC), under Sections 4 and 25 of the Arms Act, under Sections 6, 9 and 11 of Maharashtra Animal Preservation Act and under Sections 139, 177, 184, 187, 134(A), (B), 66(1) and 192 of the Motor Vehicle Act.

4.

The accused is having right to speedy trial. But some reason or other, the trial is not started. He has made out the case for grant of bail. Hence order :-

O R D E R

(i) Bail Application is Allowed.

(ii) The Applicant Shabbir Ahamed Shagir Ahamad Shaikh arrested in C. R. No. I-01/2022 of Manor Police Station for offence punishable under Sections 395, 397, 429 read with Section 34 the Indian Penal Code (IPC), under Sections 4 and 25 of the Arms Act, under Sections 6, 9 and 11 of Maharashtra Animal Preservation Act and under Sections 139, 177, 184, 187, 134(A), (B), 66(1) and 192 of the Motor Vehicle Act be released on bail 2/3

on furnishing Personal Bond and Security Bond of Rs.20,000/- (Rupees Twenty Thousand Only) of the like amount. (iii) He is directed to give attendance to Police station on 1st Monday between 10:00 a.m. to 12:00 noon of every month for initial period of one year from the date of release and then on 1st Monday of month of January and June of every year till conclusion of trial.

(iv) Not to threaten the prosecution witnesses.

(v) If there is change in address, inform to the concerned Police and Court.

[S. M. MODAK, J.] 3/3