Allowed

Riyaz Haji Maqbul Sayyed Naikwadi v. the State of Maharashtra

Bombay HC13 Jun 2006APPLN/1602/2006

Case brief

AI extract

What is this about?

In an application under Criminal Application No.1602 of 2006, the High Court of Judicature at Bombay granted bail to an accused in C.R.No.209/2002 for offences under the IPC involving murder and atrocities, noting partial involvement and lack of overact against the specific accused.

What did the court decide?

Directs release on bail in the sum of Rs.20,000/- with one surety in the like amount, subject to reporting to the investigating officer once a week.

FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.1602 OF 2006 Riyaz Haji Maqbul Sayyed Naikwadi ..Applicant V/s. The State of Maharashtra ..Respondent ------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s orders ------------------------------------------------------- Mr.U.R.Agandsurve for the applicant.

Coram : R.S.Mohite,J Date : 13.6.2006. PC 1. This is an application for grant of bail. The applicant is one amongst 15 persons who are shown as accused in C.R.No.209/2002 registered by the Vijapur Naka police station, Solapur for offences punishable under Sections 302, 307, 295, 295(A), 436, 146, 147, 148, 149, 427, 109 & 117 of IPC. On perusing the FIR it is evident that there are 2 incidents. The first incident took place on 11.10.2002 at 9.00 A.M. where the present applicant was seen

alongwith one M.D.Shaikh by witness Shriniwas Gadgi. However, reading of the statement indicates that Mr.M.D.Shaikh supposed to have instigated Muslim persons but no role has been attributed to the present applicant. The 2nd incident took place at about 5.30 P.M. during which time the present applicant was admittedly not present. The 2nd incident is one where the members from the muslim community assaulted the deceased Chandrakant and also caused injuries to other persons. In my view, though there is a material to show the presence of the present applicant with Mr.M.D.Shaikh, it appears that there is no overact against the present applicant. It is true that present applicant was shown as absconding. He was however, being arrested on 3.1.2006. Supplimentary charge-sheet is also filed against the present applicant. In the

circumstances, it is directed that pending his trial in connection with C.R.No.209/2002 registered by Vijapur naka police station, Solapur, the applicant may be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he will report to the concerned investigating officer of Vijapur naka police station once a week on every Monday between 5.00 P.M. and 7.00 P.M. till the disposal of the trial. Application stands disposed of.

Riyaz Haji Maqbul Sayyed Naikwadi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Riyaz Haji Maqbul Sayyed Naikwadi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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