Samsher Rafiq Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3354 OF 2024 Samsher Rafiq Shaikh ...

Applicant V/s.

State Of Maharashtra ...

Respondent ------------------- Mr. Aniket Vagal a/w Savvy Kolhekar and Kunal Pednekar, for the applicant.

Ms. Poonam Bhosale, APP, for the Respondent/State. ---------------------

CORAM

:

ANIL S. KILOR, J.

DATE :

16TH OCTOBER, 2024.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.10.17 10:27:18 +0530 VARSHA DEEPAK GAIKWAD PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.225 of 2023, registered with Gangapur Police Station, District : Nashik for the offences punishable under Sections 302, 177, 181, 201 r/w 34 of the Indian Penal Code and Section 4/25 of the Arms Act. 3.

In the present matter, the co-accused was released on bail by the Sessions Court and the application of the applicant was rejected on the ground that the applicant is the author of the injury which is a cause of death i.e. injury caused on the chest.

4.

From the material collected by the IO during the investigation, it is evident that the applicant took the deceased to the hospital and tried to save his life, from which prima facie it can be said that there are no intention of the applicant to kill the deceased. 5.

In the above referred backdrop, since the charge-sheet has been filed and as there are no antecedents against the applicant, I am of the opinion that further custody of the applicant is not required. 6.

In the circumstances, though the learned APP strongly opposed the application, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant be released on bail in Crime No.225 of 2023, registered with Gangapur Police Station, District: Nashik for the offences punishable under Sections 302, 177, 181, 201 r/w 34 of the Indian Penal Code and Section 4/25 of the Arms Act, on furnishing P.R. Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall not enter into the territorial jurisdiction of police station Gangapur, District: Nashik, till the conclusion of the trial;

iv) The applicant shall provide his address and name

of the nearby police station to the IO, which he shall attend the said Police Station on 1st and 16th day of every month between 10.00a.m. to 11.00a.m., till the conclusion of the trial except on the date of trial; v) 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;

vi) Liberty is granted to the State to apply for cancellation of bail if the applicant misuse of liberty or breach of any condition;

vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

7.

The application is disposed of.

(ANIL S. KILOR, J)