Bail application allowed. Applicant released on bail with conditions to report to police station weekly until case disposal.
Released on bail in sum of Rs. 30,000/- with one surety in like amount, ordered to report to Malegaon City Police Station on every Sunday between 5:00 p.m to 6:00 p.m.
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.
tilak 1/2 (903)BA-397-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.397 OF 2014
Mr.Hamid Ali Mohammed Umar @ Daliya .. Applicant Versus The State of Maharashtra .. Respondent
Ms.Saima Ansari and Ms.Mitali Shinde, Advocate for the applicant. Mrs.V.S.Mhaispurkar, APP for the Respondent State.
CORAM : ABHAY M. THIPSAY, J. DATED : 11th JUNE, 2014.
P.C. :
1 Heard Ms.Saima Ansari, learned counsel for the applicant. Heard Mrs.Mhaispurkar, learned APP for the State. With their assistance, I have gone through the Bail Application and the annexures thereto.
2 Undoubtedly, the presence of the applicant at the time of the incident cannot be doubted at this stage in view of the contents of the First Information Report, and the statement of the victim. However, it does not appear that the applicant had taken actual part in the assault on the victim. There is no allegation that he gave any blow to the victim, or for that matter, that he was holding any arm or weapon. The learned APP pointed out that as per the prosecution version, the applicant was supposed to be having an iron rod with with him at the
tilak 2/2 (903)BA-397-14
time of the incident, but admittedly, no such rod could be recovered in the course of investigation.
3 The applicant is in custody since 6th September 2013.
4 I am informed that the recording of evidence has not yet commenced. It is also stated that the applicant is not involved in any previous criminal cases though, some other accused as also the First Informant and the victim are involved in some previous criminal cases.
5 Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail subject to certain conditions.
7 Applicant is ordered to be released on bail in the sum of Rs.30,000/- with one surety in like amount on the condition to report of the Malegaon City Police Station on every Sunday between 5.00 p.m to 6.00 p.m till the disposal of the case against the applicant, or until further orders of the trial court, whichever is earlier.
(ABHAY M.THIPSAY, J)
Hamid Ali Mohammed Umar @ Daliya
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
