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Mohammad Shakir Hasimali Sayyad v. the State Ofmaharashtra

Bombay HC9 Nov 2009APPLN/3387/2009

Case brief

AI extract

What is this about?

Criminal Application for bail in a robbery case. The High Court granted bail considering the investigation concluded, the trial delayed, and the applicant already released in similar pending cases, subject to specific conditions.

What did the court decide?

Applicant released on bail with Rs.5,000 sureties, prohibited from entering Thane City jurisdiction, and required to report to police twice a month.

Mohammad Shakir Hasimali Sayyad Vs the State Ofmaharashtra — Bail and Remand | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.3387 OF 2009

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Mohammad Shakir Hasmali Sayyad ...Applicant Vs. The State of Maharashtra ...Respondent ---Shri Ganesh Gole for Applicant Shri Y.M. Nakhwa -APP for State

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CORAM: V.M. KANADE J. DATE : 9TH NOVEMBER, 2009

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P.C.

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Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State.

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The Applicant was arrested in connection with an offence punishable under section 392 r/w. 34 of the Indian Penal Code vide C.R. No. I-250 of 2008 registered with Vartak Nagar Police Station, Dist. Thane.

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It is alleged that the Applicant asked the Complainant to hand over his golden chain by pointing a revolver. The charge sheet has been filed. Investigation is over.

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The Learned APP for the State submitted that the Applicant is involved at least in 10 other cases, which are similar in nature. He given the list of cases which were pending against the Applicant. 5. The learned Counsel appearing on behalf of the Applicant, on the other hand, submitted that the Applicant has been released in these cases and, therefore, merely because some other cases are pending against him, could not be a ground

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for rejecting his application for bail.

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Since charge sheet is filed and the investigation is over. The Applicant is in jail since last one year and since the trial is not likely to come up for hearing in near future, in my view, continued detention of the Applicant is not necessary.

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So far as the pending cases are concerned, the Applicant admittedly has been released on bail in these cases. In order to ensure that the Applicant does not commit the similar offences while he is released on bail, strict conditions can be imposed on the Applicant.

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The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall not enter the jurisdiction of Thane City during the pendency of the trial. He shall give his new address to the Superintendent of Jail before he released on bail and report to the nearest police station from his new residence twice in a month.

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Application is disposed of.

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(V.M. KANADE J.)

Mohammad Shakir Hasimali Sayyad v. the State Ofmaharashtra

Case brief

What is this about?

What did the court decide?

Mohammad Shakir Hasimali Sayyad v. the State Ofmaharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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