Gufran Shafi Shaikh @ Shaikh Mohammad Gufran Shafi v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2524 OF 2024 Gufran Shafi Shaikh @ Shaikh Mohammad Gufran Shafi ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Dhananjay B. Thoke a/w Mr. Prasad Salunke, Advocate for the Applicant.
Mr. S. V. Walve, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
24th APRIL, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 227 of 2019 registered at Nandgaon Police Station, District : Nashik (Rural) for the offences punishable under Sections 307, 323, 504, 506 r/w Section 34 of Indian Penal Code. 3.
The applicant is accused No.1 in the present crime. The deceased was the father of complainant. On 25.06.2019 at about 4.00 p.m., when the complainant was at home, accused No.4 entered his house. She started abusing him on account of his goats destroying her crops. Thereafter, the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.05.29 17:02:21 +0530 applicant and co-accused entered his house and assaulted him SAJAKALI LIYAKAT JAMADAR with wooden sticks. At that time, the deceased intervened to
resolved the fight. It is alleged that at that time the present applicant and other co-accused assaulted the deceased with the wooden handle of a spade and stick. Due to which, the deceased sustained multiple grievous injuries and succumbed during treatment.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The bail is sought on the ground of long incarceration as an under-trial prisoner. The learned counsel for the applicant submits that the applicant is in jail for five years and nine months and except framing of charge there is no progress in trial. It is submitted that there are no other criminal antecedents against the applicant.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is the main assailant. It is submitted that considering the nature of offence, the applicant may not be released on bail and instead the trial may be expedited.
7.
The applicant is in jail for five years and nine months. The trial is not likely to be concluded in near future as except framing of charge, there is no progress in the trial. There are no criminal antecedents against the present applicant. Considering the over all facts and circumstances of the case, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 227 of 2019 registered at Nandgaon Police Station, District : Nashik (Rural) for the offences punishable under Sections 307, 323, 504, 506 r/w Section 34 of Indian Penal Code, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)