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Bombay High CourtBA/77/2025allowed

Alim Latif Shaikh v. State Of Maharashtra

2025-03-10Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 77 OF 2025 Alim Latif Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Aniket Vagal a/w Mr. Kunal N. Pednekar and Adv. Savvy Kolhekar, Advocate for the Applicant.

Mr. Swapnil Walve, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

10th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.I-35 of 2023 registered at Saikheda Police Station, District : Nashik for the offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code (for short 'IPC'). 3.

The present applicant and the co-accused Sharad Vasant Shinde were working as agricultural labourers in the field owned by one Sandip Sangamnere. The deceased was also working with them as agricultural labourer. According to

the prosecution, on the date of incident which took place on 07.02.2023, the present applicant and the co-accused Sharad Vasant Shinde assaulted the deceased by iron rod and spade and committed his murder as the deceased was allegedly abusing them under the influence of liquor.

4.

The learned A.P.P. for the Respondent-State submits that the deceased was brutally murdered. It is submitted that there is an extra-judicial confession of the present applicant. It is submitted that considering the nature of offence, the applicant may not be released on bail.

5.

The case is based on circumstantial evidence. The applicant is in jail for more than two years and the trial is still at the stage of framing of charge. Considering the overall 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.I-35 of 2023 registered at Saikheda Police Station, District : Nashik for the offences punishable under Sections 302, 201 read with Section 34

of the Indian Penal Code (for short 'IPC') 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 i.e. on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion 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, if the applicant commits any other offence; (vi) The applicant shall attend Trial Court regularly on the date of hearing of the case unless exempted by the Court for some reason;

(vii) Application stands disposed of accordingly.

(N. R. BORKAR, J.)