Single-judge High Court allowed a bail application under Section 439 Cr.P.C. removing an accused facing murder, weapons, and MCOC charges, noting the death of a co-accused and reliance on parity with another accused.
Enlarged on bail on furnishing P.R. Bond of Rs. 50,000/- and solvency of sureties; restricted from residing in Karad Taluka.
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.
4- BA 279 of 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No. 279 OF 2018
Ibrahim Gafoor Sayyad Vs. The State of Maharashtra
...Applicant
...Respondent
Mr. Aniket U. Nikam i/b. Mr. Aashish Satpute for Applicant Ms. Veera Shinde -APP Mr. A.I. Shaikh, PSI Karad City Police Station ******
CORAM : SMT. SADHANA S. JADHAV, J. DATE: JULY 4, 2018
P.C.
the papers of investigation.
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V.A. Tikam
Mane lodgd a report at the police station alleging therein that on 20th July, 2015 at about 8.30 a.m., her son Bablu was in the library for reading the newspaper. She had also followed him to open her shop Namrata Traders. When she was cleaning her shop, she heard a loud noise. She thought that it was a tyre burst. However, she had soon realized that her son Bablu has been shot. She had given the description of the person, whom she had seen. Bablu had succumbed to the injuries instantly.
2/4
V.A. Tikam
on today, Salim Shaikh has expired. He had been assaulted in the Karad Court premises. His legs were amputated and subsequently he succumbed to the injury and had expired. The leaned counsel for the Applicant further submits that even if it is presumed that the Applicant is charge-sheeted with Salim Shaikh, as on today, Salim Shaikh is no more. It is also submitted that by virtue of doctrine of parity, the Applicant deserves to be enlarged on bail as Asif Salim Shaikh, who happens to be the son of Salim Shaikh, who had been to the house of Shakil to purchase revolver, has been enlarged on bail under the provisions of MCOC Act.
ORDER
Rs.50,000/- and one or more solvent sureties in the like amount.
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V.A. Tikam
Application stands disposed of in the aforesaid terms.
[SMT. SADHANA S. JADHAV, J.]
4/4
V.A. Tikam
2 issues framed by the court
Whether the applicant deserves to be enlarged on bail in a case involving offences under the IPC and Maharashtra Control of Organized Crime Act.
Whether the criminal proceedings against Salim Shaikh affect the bail applicant through any derivative principle in the presence of his death.
4 provisions across 4 enactments
Ibrahim Gafoor Sayyad
The State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
