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2019 DIGILAW 2197 (BOM)

Sheikh Arif Sheikh Ajiz v. State of Maharashtra

2019-09-23

V.M.DESHPANDE

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JUDGMENT : V.M. Deshpande, J. 1. Heard Shri M.N. Ali, learned counsel for the applicant and Shri Thakare, learned Additional Public Prosecutor for the non-applicant State. 2. The applicant is arrested on 08/01/2019 by Police Station, Umerkhed, Dist. Yavatmal in connection with Crime No. 14/2019 for the offences punishable under Sections 302, 324, 504, 506, read with Section 34 of the Indian Penal Code. 3. The investigation is over and charge sheet is already filed. 4. One of the co-accused Sk. Javed Sk. Hasan is already released on bail by this Court on 5th September, 2019. 5. The learned Additional Public Prosecutor vehemently opposed the present application on the ground that the applicant has assaulted not only on the deceased but also the first informant. He submitted that there are eye-witnesses in the present prosecution case. 6. The First Information Report is lodged by Sheikh Babamiya Sheikh Rahim in respect of assault on him and his brother Sheikh Moin, who lost his life. The deceased and first informant are running a mutton shop. Similarly, co-accused Sheikh Javed also used to run a mutton shop and there was business rivalry between them. According to the First Information Report, due to the first informant's mutton shop, the mutton shop of Sheikh Javed was not doing good business. The present applicant is brother-in-law of said Sheikh Javed. According to the First Information Report on the date of incident, the present applicant and Sheikh Aves assaulted on the head of deceased by means of iron rod in their hand and also assaulted on him. 7. The eye-witnesses gave different account. Though they corroborate the first informant in respect of presence of present applicant and assault on the first informant, they specifically attribute the role of assault on deceased by co-accused Sheikh Aves. 8. Though the first informant has attributed that the present applicants are armed with iron rod, during the course of investigation, stick is recovered at his behest. 9. In view of discrepancy in report of the first informant and the statement of eye-witnesses in respect of the role of the present applicant, qua the assault on the deceased, and since the charge sheet is already filed, the applicant can be released on bail. Hence, I pass the following order. ORDER (i) Application is allowed. 9. In view of discrepancy in report of the first informant and the statement of eye-witnesses in respect of the role of the present applicant, qua the assault on the deceased, and since the charge sheet is already filed, the applicant can be released on bail. Hence, I pass the following order. ORDER (i) Application is allowed. (ii) Applicant-Sheikh Arif Sheikh Ajiz be released on bail in connection with Crime No. 14/2019 for offences punishable under Sections 302, 324, 504, 506, read with Section 34 of the Indian Penal Code, on he executing P.R. Bond in the sum of Rs. 25,000/- with one solvent surety in the like amount. (iii) During the pendency of trial, applicant shall not enter in the territorial jurisdiction of Umerkhed since all the prosecution witnesses are residents of Umerkhed. (iv) At the time of execution of bail bonds before the Court below, the applicant shall furnish his residential address. On furnishing residential address, learned Judge is directed to issue necessary directions directing the applicant to attend the nearest Police Station once in month till culmination of trial. (v) Applicant is disposed of.