Abdul Rehman Mohammad Aavesh v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4412 OF 2024 Abdul Rehman Mohammad Aavesh ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Nikhil Hire a/w Mr. Soham Powar, Mr. D. Patil, Advocate for the Applicant.
Mrs. G. P. Mulekar, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
24th FEBRUARY, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 119 of 2022 registered at Pawarwadi Police Station, Tal. Malegaon, District : Nashik, for the offences punishable under Sections 307, 143, 147, 148, 149 of the Indian Penal Code (for short "IPC") and Sections 4 r/w 25 of the Arms Act. 3.
There was a matrimonial dispute between the first informant and his wife. It is alleged that as the deceased was Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.04.05 17:03:02 +0530 trying to mediate the said dispute, the present applicant and SAJAKALI LIYAKAT JAMADAR
other co-accused assaulted him by deadly weapons and committed his murder.
4.
The bail is sought on the ground of parity. The learned counsel for the applicant in support of his submission has relied upon the order passed by this Court dated 12th December 2023 in Criminal Bail Application No.2473 of 2023. By the said order, this Court has released the co-accused Shaikh Waseem Shaikh Israil @ Sikandar Kalya on bail. 5.
I have perused the statement of the eye witness. The overt act attributed to the present applicant and the coaccused Shaikh Waseem Shaikh Israil @ Sikandar Kalya appears to be identical.
6.
Learned A.P.P. submits that the applicant is involved in three more crimes. However, considering the over all facts and circumstances of the case and in view of the liberty granted to the applicant by this Court by order dated 04.04.2024, in Bail Application No.3726 of 2023, 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. 119 of 2022 registered at Pawarwadi Police Station, Tal. Malegaon, District : Nashik, for the offences punishable under Sections 307, 143, 147, 148, 149 of the IPC and Section 4 r/w Section 25 of the Arms Act, 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 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;
(iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)