← Library
Bombay High CourtBA/2970/2024allowed

Mohammed Yusuf Mohammed Hussain Shaikh v. State Of Maharashtra

2024-10-08Hon'Ble Shri Justice Anil S. Kilor2 pages

968-BA-2970-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2970 OF 2024 Mohammed Yusuf Mohammed Hussain Shaikh ...Applicant Vs.

The State of Maharashtra

...Respondent

SAYALI DEEPAK UPASANI Mr. Rahul Arote, Advocate for Applicant.

Mrs. Priyanka Rane, APP for State-Respondent. SAYALI DEEPAK UPASANI Date: 2024.10.09 10:53:36 +0530 CORAM:- ANIL S. KILOR, J.

DATED:- 8th OCTOBER, 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. 278 of 2021 registered with Vasai Police Station, Palghar for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860.

3) One of the co-accused Mohammed Yasin Mohammed Hanif Shaikh was granted bail by this Court vide order dated 24th June, 2024 in Bail Application No. 139 of 2024. The role of the applicant is similar with the role of the co-accused Mohammed Yasin and this fact has not been disputed by the learned APP.

1/2

968-BA-2970-24.DOC 4) In view of the matter as the principles of parity are applicable to the present case, I pass the following order.

ORDER

(i) The Bail Application is allowed;

(ii) It is directed that the Applicant shall be released on bail in Crime No. 278 of 2021 registered with Vasai Police Station, Palghar for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount; (iii) The Applicant shall attend said Police Station on 1st day of every month between 10.00 am to 11.00 am till conclusion of trial, except on the date of trial;

(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence; (v) Liberty is granted to the State for cancellation of bail in case Applicant breaches any of the conditions and/or if the applicant commits similar offence;

(vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.

The application is disposed of.

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