Shaikh Rabbani Shaikh Kadir v. The State Of Maharashtra

42-BA-2529-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2529 OF 2024 Shaikh Rabbani Shaikh Kadir ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Akshay Shah, Advocate for Applicant.

Mrs. Priyanka S. Rane, APP for State-Respondent. Mr. Kiran Patil, API, Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 18th 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.119 of 2022 registered with Pawar Wadi Police Station, Malegaon for the offences punishable under Sections 307, 143, 147, 148 and 149 of the Indian Penal Code, 1860 and Section 4/25 of the Arms Act, 1959. 3) Having gone through the charge-sheet and the relevant material available on record, it is evident that the applicant is the main accused in the present matter, and he allegedly assaulted the victim by sword. The injury certificate shows that three grievous injuries were sustained to the victim.

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42-BA-2529-24.DOC 4) In addition to this, the applicant was absconding from about one year, the learned Counsel for the applicant however denied the said fact. 5) The charges-sheet shows that there is sufficient incriminating material against the applicant to show his involvement in the alleged offence.

6) In addition, there are seven antecedents against the applicant of similar nature. Therefore, there is every possibility that if the applicant is released on bail, he may commit similar offence and further considering the fact that he was absconding for one year, there is every possibility that if he is released on bail, he may not be available for trial. Accordingly, the application is rejected.

[ANIL S. KILOR, J.] 2/2