The High Court granted bail to the applicant, Riyaz Ayyaz Shaikh, accused of offences under Sections 307, 452, 506-II IPC, noting an infirmity in the injury statement and possibility of a lesser offence.
Released on bail in the sum of Rs. 10,000/- with one surety in the like amount subject to reporting to the Investigating officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.142 OF 2010 IN
SESSIONS CASE NO.62 OF 2009 IN
C.R.NO.25 OF 2009
Mr.Riyaz Ayyaz Shaikh )..Applicant Vs. The State of Maharashtra )..Respondent
Mr. Rajesh Singh for the applicant.
Mrs. M. H. Mhatre APP for the State.
C oram : R.S.MOHITE,J
Date : 25th March, 2010
PC
1 This is an application for grant of bail. The applicant has been arraigned as an accused by the Malwan police station in C.R.No.25 of 2009 in Sessions Case No.62 of 2009 and is being tried for alleged offences punishable under Sections 307, 452, 506-II read with 34 of IPC. On perusal of the FIR, I find that immediately after the incident which occurred on 11.2.2009 the police recorded a statement of the injured Mohammed and he has named four persons which included one Husein Munir Shaikh. Four days thereafter on 14.2.2009 he has given another statement which states that he has named Husein Munir Shaikh by mistake and he really meant Riyaz the present applicant. This causes a serious infirmity. Apart from that, there is one incised wound. There is possibility that after the evidence is led, the conviction may be for lesser offence. Taking an overall view of the matter, I am
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inclined to grant bail to the present applicant. It is therefore, directed that pending his trial in Sessions Case No.62 of 2009 the applicant may be released on bail in the sum of Rs. 10,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer as and when called upon to do so in writing and will also remain present on all dates in the sessions Court unless exemption is granted. Application stands
disposed off.
(R.S.MOHITE,J)
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1 issue framed by the court
Whether bail should be granted to the applicant in the offences of attempt to murder, criminal breach of peace, and criminal intimidation.
Riyaz Ayyaz Shaikh
The State of Maharashtra
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
