Safiuddin Mohammad Sharif Khan And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2440 OF 2024

1. Safiuddin Mohammad Sharif Khan

2. Anis Mohammad Siddhik Khan ...Applicants

Versus

The State of Maharashtra

...Respondent

....

Mr. Majeed Menon a/w Adv. Katherine Joseph and Adv. Tapish Jain and Mr. Mufeez Ansari i/b Mr. Jayendra Khairnar, Advocate for the Applicant Nos.1 and 2.

Mr. Mohd Ahmed a/w Adv. S. Shaikh, Advocate for the Intervenor.

Mrs. G. P. Mulekar, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

06th February, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The learned Senior counsel for the applicant on instructions seeks leave to withdraw the present application qua Applicant No.1 with liberty to file a fresh application after nine months if the trial is not concluded by that time. 3.

The Applicant No.2 came to be arrested in Crime No.644 of 2023 registered at Chikhli Police Station, Chikhli,

Dist.-Pune, for the offences punishable under Sections 302, 364 read with 34 of the Indian Penal Code and Sections 37(1) (c), 135 of the Maharashtra Police Act. 4.

According to the prosecution, the Applicant No.1 had borrowed certain amount from the deceased. It is alleged that the deceased was asking the applicant to return the said amount and thus the Applicant No.1 was annoyed with the deceased. It is alleged that the Applicant No.1 thus on the date of incident, which took place on 28.09.2023, took the deceased to secluded place and committed the murder of the deceased with the help of the Applicant No.2. 5.

I have heard the learned Senior counsel for the Applicant No.2, learned A.P.P. for the Respondent-State and learned counsel for the Intervenor.

6.

Admittedly, the case is based on circumstantial evidence. The motive for the alleged crime is not attributed to the Applicant No.2. The applicant is in jail for about 16 months and the trial has still not commenced. In that view of the matter, I am inclined to release the Applicant No.2 on bail.

ORDER

(i) Criminal Bail Application is partly allowed;

(ii) The application qua the Applicant No.1 is disposed as withdrawn with liberty as sought;

(iii) The Applicant No.2 Anis Mohammad Siddhik Khan is directed to be released on bail in connection with Crime No.644 of 2023 registered at Chikhli Police Station, Chikhli, dist.-Pune. for the offences punishable under Sections 302, 364 read with 34 of Indian Penal Code and Sections 37(1) (c), 135 of Maharashtra Police Act on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iv) The applicant shall attend the concerned Police Station twice in a month on first and third Saturday of the month between 11:00 a.m. to 1:00 p.m. till conclusion of trial;

(v) The Trial Court shall endeavour to conclude the trial as early as possible;

(vi) Application stands disposed of accordingly.

(N. R. BORKAR, J.)