Disposed

Shaikh Nabab Shaikh Khajamiya and Other v. the State of Maharashtra

Bombay HC5 Apr 2016APPLN/1115/2016

Case brief

AI extract

What is this about?

In a criminal appeal against conviction, this bench examined bail application. Perceiving no prima facie case for release given evidence of minor witness and confession, it rejected the bail application and fixed appeal for final hearing upon receipt of paper book.

What did the court decide?

Bail application rejected; file prepared within six weeks and appeal listed for final hearing.

Shaikh Nabab Shaikh Khajamiya and Other Vs the State of… — Bail and Remand | Bombay HC (2016)

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Cr.Appln.1115/16 in Cr.Appeal (St) 874/15

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- 1 -

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.1115/2016
IN
CRIMINAL APPEAL (St) NO.874/2015

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Shaikh Nabab Shaikh Khajamiya.
...Applicant..

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Versus

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The State of Maharashtra.

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...Respondent...

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 .....

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None present for applicant.
Shri K.S. Patil, APP for respondent.

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 .....

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CORAM: R.M. BORDE &
 K.L. WADANE, JJ.
DATE: 05.04.2016

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ORDER :

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1]We have perused the judgment and order dated

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22.8.2013 delivered by the Additional Sessions Judge, Ambajogai, holding the applicant - accused guilty. 2] Prima facie , at this stage of the proceedings, it

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would be difficult to conclude that the applicant has no
role to play in the alleged crime. The death of deceased
has occurred at the house of the applicant and the cause

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Cr.Appln.1115/16 in Cr.Appeal (St) 874/15

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- 2 -

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of death is stated to be asphyxia due to strangulation.
There is an evidence of the minor witness apart from
extra-judicial confession of the applicant.

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3] On prima facie consideration of the material brought before the Court, we are of the opinion that this is not a fit case for enlargement of the applicant - accused on

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bail. The application tendered by the applicant seeking
his release on bail stands rejected.

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4]The office is directed to ensure preparation of the

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paper book within six weeks from today. On receipt of
the paper book, the appeal shall be listed for final
hearing.

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ndk/ cr541610.doc

Shaikh Nabab Shaikh Khajamiya and Other v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shaikh Nabab Shaikh Khajamiya and Other v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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