In this bail application under C.R. No. I-245 of 2017 regarding an alleged murder under Section 302 IPC, the High Court of Bombay rejected the plea finding the accused not a fit case for bail.
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.
ba.565.19.20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 565 OF 2019
Shamim Ahamed Aminuddin Shaikh ...Applicant Versus The State of Maharashtra ...Respondent
Mr. Salimuddin A. Shaikh for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J. TUESDAY, 18th JUNE 2019
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks his enlargement on bail
in connection with C.R. No. I-245 of 2017 registered with the Bhiwandi City Police Station, for the alleged offence punishable under Section 302 of the Indian Penal Code.
3 Perused the papers. According to the prosecution story, the
incident took place on 18th July 2017 at about 1:00 a.m. The wife of the deceased-Abu Shahid Shaikh is an eye-witness to the alleged incident of
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SQ Pathan
ba.565.19.20.doc
assault by the applicant on her husband. According to Saira Shaikh (wife of the deceased), prior to the incident, the deceased had assaulted her under the influence of alcohol and only due to the interference of the people, the deceased went away and Saira went to her house. According to Saira, at about 1:00 a.m., when she peeped from her house, she saw the applicant and her husband (deceased) going towards the Mandir. She has stated that the applicant had something in his hand, with which, he assaulted her husband on his neck and in the abdomen. The injury sustained by the deceased are consistent with the ocular evidence of Saira. A perusal of the post-mortem report shows that the deceased had sustained one incised wound on the left side of his neck and two incised injuries; one on lower zone of chest and one below the said injury, in the abdomen. The cause of death is stated to be death due to injury to vital organs. There is also an extra-judicial confession of the applicant made to Sultana Pathan, sister-inlaw of the deceased. The applicant is alleged to have stated to Sultana that he had killed Abu Shahid (deceased).
4 Considering the material on record, this is not a fit case to enlarge the applicant on bail. Application is accordingly rejected.
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ba.565.19.20.doc
5 It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
REVATI MOHITE DERE, J.
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SQ Pathan
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in connection with an alleged offence punishable under Section 302 of the Indian Penal Code.
Shamim Ahamed Aminuddin Shaikh
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
