Allowed

Shaikh Firoz Shaikh Mahmood v. the State of Maharashtra

Bombay HC13 Feb 2014APPLN/521/2014

Case brief

AI extract

What is this about?

The high court allowed bail to the applicant in a criminal conspiracy regarding attempted murder via burning and cruelty by second wife. The court imposed monetary bail and specific conditions restricting entry into Nanded city and interaction with prosecution witnesses.

What did the court decide?

Release on bail with one PR and one SB of Rs. 25,000/- each and one solvent surety of like amount; conditions to not tamper with witnesses and not enter Nanded city.

Shaikh Firoz Shaikh Mahmood Vs the State of Maharashtra — Domestic Violence | Bombay HC (2014)

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Cri. Appln. No. 521/14

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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 521 OF 2014

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Shaikh Firoz s/o. Shaikh Mahmood

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....Applicant.

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Versus

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The State of Maharashtra

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....Respondent.

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Mr. Zia-Ul-Mustafa, Advocate for applicant. Mrs. V.A. Shinde, APP for State. Mr. G.P. Shinde, Advocate assist to APP.

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CORAM : T. V. NALAWADE, J. DATED : 13th February, 2014.

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ORDER :

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The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation.

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The crime is registered on the basis of report given by wife of the applicant. There was some dispute between the applicant and his wife and so, the wife/complainant was living in the house of her maternal aunt. The applicant had married second wife. She was there for about 3 months. According to her, on

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Cri. Appln. No. 521/14

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22.10.2013 when she was present in the house of her maternal aunt and when her cousin Dastagir was in the vicinity, the applicant came there, he picked up quarrel and then set her on fire after pouring kerosene from his hand bag. She sustained burn injuries and the extent of burn is said to be 2%. The applicant is resident of Bhokar, District Nanded.

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This Court has perused the statements of witnesses, who include Dastagir and maternal aunt of the complainant. The spot panchanama shows that the can was present on the spot, the match stick was present on the spot. There is the contention that even when the relatives were present in the vicinity, the incident took place. The statements of Dastagir and his friends, who rushed on the spot, do not show that they took action against the applicant. The record of medical examination shows that on the first date, the patient was not willing to get examined properly. Some injuries like abrasions were found on her person at right thigh, right leg and they were superficial to deep burn to the extent of 2%. The complainant has not attributed the other injuries to the applicant though she has tried to say that she was made to lie on the ground when kerosene was poured on her person.

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Cri. Appln. No. 521/14

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The submissions made show that the applicant has been behind bars since 26.10.2013. The applicant has married second wife and he is living with his second wife at Bhokar. In view of these circumstances and nature of material collected against the applicant, this Court holds that it is not desirable to keep the applicant behind bars till the disposal of the case which is filed against him. The case is filed for offences punishable under sections 307, 498-A etc. of I.P.C

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In the result, the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 25,000/- (Rupees twenty five thousand) with one solvent surety of like amount. He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is not to enter Nanded city except for attending the Court.

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[ T. V. NALAWADE, J. ]

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ssc/

Shaikh Firoz Shaikh Mahmood v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shaikh Firoz Shaikh Mahmood 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

Statutes considered

Parties & counsel

Coram

Case details

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