Atkin granted bail to the applicant accused of offences under Sections 307, 326, 323 and 34 IPC. The court noted absence of medical evidence for certain alleged injuries and release of co-accused.
Applicant released on bail with one surety in sum of Rs.25,000 and ordered to report to Khadki Police Station monthly.
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BA-418-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.418 OF 2012
MR.BILAL LATIF SHAIKH )...APPLICANT
V/S.
THE STATE OF MAHARASHTRA & ANOTHER )...RESPONDENTS
Mr.Satyavrat Joshi i/b. Mr.Subhash Hulyalkar Advocate for the Applicant
Mrs.S.V.Sonawane APP for the State.
CORAM: A.M.THIPSAY DATE : 16th APRIL, 2012.
P.C. :
Heard Mr.Satyavrat Joshi, the learned advocate for the applicant and Ms.S.V.Sonawane, the learned APP for the State.
The applicant is alleged to have committed offences punishable under Sections 307, 326, 323 read with 34 of Indian Penal Code (IPC). Three others are also accused in the same case. The applicant is alleged to have assaulted the victim by a stick, on his head. The applicant is also alleged to have assaulted the mother of the victim Smt.Ramija.
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BA-418-2012
Indeed it appears that the victim Sadik had sustained serious injuries and was required to be hospitalized. However, the injuries sustained by him are only incised wounds. These injuries are attributable to the assault by the co-accused Hyder. There is no injury on the head of the said Sadik. There is no medical evidence with respect to any injuries sustained by Smt.Ramija.
All the other accused including the accused Hyder, who has allegedly played the major part in the assault, have been released on bail.
There are no antecedents.
Under the circumstances, the applicant should be released
on bail.
The applicant is ordered to be released on bail in the sum of Rs.25,000/- with one surety in like amount.
The applicant shall report to Khadki Police Station on first Sunday of every month, till the disposal of the case against him.
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1 issue framed by the court
Whether the applicant should be released on bail given the nature of injuries and release of co-accused.
5 provisions across 1 enactments
Mr. Bilal Latif Shaikh
The State of Maharashtra
A.M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
