Allowed

Eklakh Ahmed Abdul Gaffar v. the State of Maharashtra

Bombay HC7 Nov 2009APPLN/3989/2009

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant arrested under various IPC and Police Act sections. The court relied on simple injury certificates and lack of material linking the applicant to the stone-throwing incident to order his release on bail with Rs 5000 sureties.

What did the court decide?

Applicant released on bail in the sum of Rs. 5000/- with one or two sureties in the like amount to report once in a month.

Eklakh Ahmed Abdul Gaffar Vs the State of Maharashtra — Bail and Remand | Bombay HC (2009)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION

¶3

CRIMINAL APPLICATION NO. 3989 OF 2009

¶4

Eklakh Ahmed Abdul Gaffar ... Applicant.

¶5

V/s

¶6

State of Maharashtra .... Respondent.

¶7

Mr. N.R. Bubna for the applicant. Mrs. M.R. Tidake, APP for the State.

¶8

CORAM: V.M. KANADE, J. DATE : 7TH NOVEMBER, 2009

¶9

P.C.:

¶10

Heard the learned Counsel for the applicant and the learned APP for the State.

¶11

Applicant was arrested in April 2009 in connection with an offence punishable under sections 143, 147, 148, 149, 307, 332, 333, 337, 353, 427, 438 of the Indian Penal Code and sections 3 and 4 of the Public Property Damage Act and section 135 of the Bombay Police Act, which is registered with Azad Nagar Police Station vide C.R. No.I-97/2006.

¶12

¶13

Prosecution case is that a huge mob of about 4000 to 5000 people had assembled near the Police Station after bomb blast had taken place in a mosque and several persons threw stones on the Police Station, as a result of which 15 constables were injured.

¶14

Counsel for the applicant has invited my attention to the injury certificate which is annexed to the application. The said certificate clearly discloses that the injuries are simple in nature. Counsel for the applicant submitted that the provisions of section 307 will not be attracted in the present case. It is further submitted that incident took place on 8/9/2006 and almost after three years, the applicant has been arrested. He submitted that there is no material on record to indicate that the applicant had participated in the said incident. He further submitted that, in any event, charge-sheet now has been filed and, therefore, it is not necessary to detain the applicant any further in jail since the trial is not likely to begin immediately in the near future.

¶15

In my view, submissions made by the learned Counsel appearing on behalf of the applicant will have to be accepted. FIR does not disclose the name of the present applicant. The injury certificate of the constables who were

¶16

¶17

injured in the said incident discloses that injuries are essentially simple injuries. Applicant is in jail since last six months. There is no material on record to indicate that the applicant was involved in the stone throwing incident. Under these circumstances, therefore, the applicant is entitled to be released on bail.

¶18

Applicant be released on bail in C.R. No.I-97/2006 registered with Azad Nagar Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to the concerned Police Station once in a month.

¶19

7. Application is disposed of.

¶20

(V.M. KANADE, J.)

Eklakh Ahmed Abdul Gaffar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Eklakh Ahmed Abdul Gaffar 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

Parties & counsel

Coram

Case details

Similar cases

Vimalkumar Dayaram Manke (Roy) Vs the State of Maharashtra

Eknath Savalaram Bhoir and Anr. Vs the State of Maharashtra

Shahnaz Banu Sayyed Subhan Vs the Inspector of Police

Sachin Ramgonda Patil Vs the State of Maharashtra

Pradeep Sham Khatri Vs the State of Maharashtra

Annaso Obalaso Patil Vs the State of Maharashtra