Salman Pirsab Shaikh v. The State Of Maharashtra

1 of 2 909.BA.2433.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2433 OF 2024 Salman Pirsab Shaikh, Age 25 years, Occ.Service, R/o.Kumthe, VTC Solapur North, Solapur (Presently at Solapur Central Prison) Applicant versus The State of Maharashtra Respondent Mr.Ashley Cusher i/by Sana Subedar, Advocate for Applicant. Mrs.Veera Shinde, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

4th September 2024 PC :

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.696 of 2023 registered with Vijapur Naka Police Station, Solapur City, for the offences punishable under Sections 306 r/w 34 of the Indian Penal Code r/w Section 66E of Information Technology Act. 3.

Learned counsel for Applicant submits that only because his phone was used by accused no.1 for sending obscene photographs and videos of the deceased, he has been implicated in the present offence. He further submits that as the charge sheet has been filed, his further custody is not required.

MANISH SURESHRAO THATTE Date: 2024.09.06 13:26:50 +0530 MANISH SURESHRAO THATTE 4.

Having gone through the charge sheet and the relevant material collected by the Investigating Officer, I am of the opinion that sufficient incriminating material is collected by the Investigating

2 of 2 909.BA.2433.2024.doc Officer against Applicant to show his complicity in the alleged offence. The offence is serious.

5.

As far as submission of advocate for Applicant that he did not make the photographs and videos of the victim viral is concerned, it is a matter of trial. However, since incriminating material is available against Applicant to show his complicity in the offence and since the offence is serious, I do not find this is a fit case for grant of bail. Accordingly it is rejected.

(ANIL S.KILOR, J.) MST