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66-ba-4355.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4355 OF 2021

Umar Saeed Shaikh and Ors.

…

Applicants

Versus

State of Maharashtra

…

Respondent

******

Rui Danawala a/w Mr. Umesh Mankapure for the Applicants.

Mr. A. A. Palkar, APP for the State.

******

CORAM : VINAY JOSHI, J.

DATE : 29^th APRIL, 2022

P.C. :-

.

Applicant nos. 1 to 5 are seeking for regular bail in Crime No. 95

of 2021 registered with Vishrambag Police Station for the offence

punishable under Sections 353, 332, 323, 504, 506, 143, 145, 149 and

249 of the Indian Penal Code. The State opposed the bail by pointing

towards seriousness of occurrence.

2.

At the instance of report lodged by Police Officer, crime has

been registered. It is the prosecution case that all the applicants who

were under trial prisoners were brought to the District Court, Sangli.

After Court proceeding while they were on the way, one of the

applicant quarrelled with the informant and kicked at his stomach. The

other applicants also allegedly beaten man handled the informant.

Since, the applicants have assaulted public servant while discharging

their duty, the crime has been registered. Perusal of medical certificate

discloses that virtually there is no injury on the person of informant.

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66-ba-4355.21.doc

Medical Officer recorded history of assault by one person by leg and

hand. Investigation is complete and charge-sheet has been filed.

Having regard to these facts, case is made out for bail. In view of that

following order :-

ORDER

(a)

Applicant Nos. 1 to 5 namely (1) Umar Saeed Shaikh, (2)

Faruk Ajij Mulla, (3) Irfan Ajij Mulla, (4) Ilias Musa

Mulla and (5) Sohel Harun Shaikh be released on bail in

connection with Crime No. 95 of 2021 registered with

Vishrambag Police Station for the offence punishable

under Sections 353, 332, 323, 504, 506, 143, 145, 149 and

249 of the Indian Penal Code, on their furnishing P.R.

Bond of Rs.25,000/- each with one or two sureties in the

like amount.

(b)

The applicants shall not directly or indirectly make any

inducement, threat or promise to any person acquainted

with the facts of the case, as also shall not tamper with the

evidence.

(c)

Application stands disposed in above terms.

[VINAY JOSHI, J.]

BIPIN

DHARMENDER

PRITHIANI

Digitally signed

by BIPIN

DHARMENDER

PRITHIANI

Date:

2022.05.04

11:26:01 +0530