Directed bail application dismissed citing risk to witnesses, possibility of evidence tampering, and gravity of injuries sustained by victims despite accused having no antecedents.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.663 OF 2012
Shoaib Salim Shaikh (Vakil) ..Applicant versus State of Maharashtra ..Respondent
Mr.U.R.Agandsurve, for applicant.
Mr.Rajesh More, APP for State.
CORAM : K.U.CHANDIWAL, J.
DATED : 17th July, 2012
P.C. :
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complainant with his brother Imran approached to the shop of accused no.1 Samir Shaikh and they made demand of the dues. There was a brawl. The accused including the present accused-applicant present in the shop abused and assaulted the complainant and his brother. The complainant and his brother desired to refer the matter to police. While they were moving the police station with their employee Altaf M. Shaikh, the accused-applicant with others brutally assaulted the complainant Sarfaraj, Shakil and the deceased Altaf. Altaf succumbed to the injuries, expired at the spot. The complainant Sarfaraj and Shakil were admitted in the hospital from 26.11.2011 and were indoor patient upto 3.12.2011 having suffered grievous injuries on vital part of their body. This is supported by the medical certificate.
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that the death of Altaf was due to sharp and pointed weapon/object, which could be possible by using gupti, and consequently, there is no recovery from the accused applicant of deadly weapon and therefore, he deserves bail.
1 issue framed by the court
Whether the accused applicant deserves bail in a case involving grievous hurt and death of an innocent bystander.
Shoaib Salim Shaikh
State of Maharashtra
K.U.CHANDIWAL
As recorded by the court registry
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