Bombay High Court
Shaikh Shafiq S/O. Shaikh Gous vs The State Of Maharashtra on 21 May, 2019
Bench: A. M. Dhavale
923.BA.574.19.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 923 BAIL APPLICATION NO.574 OF 2019 SHAIKH SHAFIQ S/O. SHAIKH GOUS VERSUS THE STATE OF MAHARASHTRA … Advocate for Applicant : Mr. Devanand Y. Nandedkar APP for Respondents: Mr. S. P. Tiwari. … CORAM : A. M. DHAVALE, J.
(Vacation Court) DATE : 21st May, 2019PER COURT :
1. The applicant was arrested on 26.03.2019 in Crime No.67/2019 of Airport Police Station, Nanded for offencespunishable under Sections 307, 325, 323 read with Section 34 ofthe Indian Penal Code.
2. As per F.I.R., the material case is that on 22.03.2019, atabout 8:30 p.m., the injured Mohammed Feroz was proceeding onhis bike along with one Sajeed. When they reached Rauf Colony,some persons came there on another bike and two of them werearmed with iron rods. They started instigating each other and two 1/3 ::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 04:53:27 :::
923.BA.574.19.odtof them started assaulting with the rod on the skull of theinformant. The informant sustained bleeding injuries on the skulland face and sustained fractures of his hands.
3. Names of the assailants were disclosed in thesupplementary statement. Thereafter investigation has beencarried out. The bail application preferred before the SessionsCourt came to be rejected on 11.04.2019.
4. Learned advocate Mr. Nandedkar submits that name ofthe present applicant is not disclosed in the F.I.R. Injuries causedto the injured were not serious and he is discharged. Theapplicant is in jail for almost 2 months. Considering the nature ofthe offence, the accused should be released on bail.
5. Learned APP opposes the application. He states that theassault is of serious nature. One of the accused is absconding andhe is yet to be traced. Hence the application be rejected.
6. On going through the M.L.C., I find that though thereare injuries on the skull, those are not grievous. The grievousinjuries are shown to the arms i.e. fracture of both proximal Ulna.The injured is out of danger. There is variance between thecontents of the F.I.R. and the supplementary statement. 2/3 ::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 04:53:27 :::
7. Considering the facts and circumstances, the applicantcannot be detained in jail till the trial is over. Hence theapplication is allowed.
8. The applicant be released on bail subject to furnishing of PRof Rs.25000/- with like solvent surety. The applicant shall producedocument of permanent address, photograph and identitydocuments of himself and his surety. The applicant shall notcontact the informant or any other witness in any manner. Theapplicant shall not enter the area of Rauf Colony where theinformant is residing.
9. Bail in lower court.
10. Copy of this order be supplied to the concern policestation officer and JMFC for compliance.
(A M. DHAVALE, J.)habeeb 3/3 ::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 04:53:27 :::
Bombay High Court