Samirahmed Shabbir Sayyad v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4532 OF 2024 Samirahmed Shabbir Sayyad ...Applicant
Versus
The State of Maharashtra And Anr.
...Respondents
....
Ms. Tanvii Tapkire, Advocate for the Applicant. Mr. V. A. Kulkarni, A.P.P. for the Respondent No.1 - State. Mr. Nitin Rajendra Babar (PSI), Sangli Rural Police Station, Dist. Sangli, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
31st JANUARY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.133 of 2024 registered at Sangli Rural Police Station, District : Sangli for the offences punishable under Sections 376, 323, 376(j), 376(l), 342 Indian Penal Code and Section 92(d) of the Rights of Persons with Disabilities Act, 2016.
3.
According to the prosecution, on the date of incident which took place on 18.04.2024, the victim had gone to the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.02.22 15:27:58 +0530 shop of the present applicant to purchase chicken meat. It is SAJAKALI LIYAKAT JAMADAR
alleged that the present applicant had pulled her inside the shop and committed forcible sexual intercourse with her. 4.
The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that applicant came to be implicated as the prosecutrix was found locked in the shop of the applicant. It is submitted that the applicant is in jail for one year. It is submitted that the father of the applicant is suffering from Stage-IV cancer and there is no other earning member in the family.
5.
On the other hand, the learned A.P.P. for the Respondent-State submits that the prosecutrix is deaf and dumb. It is further submitted that the trial has commenced and therefore at this stage the applicant may not be released on bail.
6.
The learned counsel for the applicant has placed on record the copies of depositions of the victim's brother and mother. They have not supported the case of the prosecution. 7.
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.133 of 2024 registered at Sangli Rural Police Station, District : Sangli for the offences punishable under Sections 376, 323, 376(j), 376(l), 342 Indian Penal Code and Section 92(d) of the Rights of Persons with Disabilities Act, 2016 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 Trial Court regularly on the date of hearing of the case unless exempted by the Court for some reason.
(iv) The Application stands disposed of accordingly. (N. R. BORKAR, J.)