Allowed

Wasim Mohammed Yunus Shaikh v. the State of Maharashtra

Bombay HC20 Oct 2021ABA/1370/2021

Case brief

AI extract

What is this about?

Judge Sambre allowed pre-arrest bail to Dusane, implicating criminal offences including Section 377 IPC. The bench noted delays in FIR filing and inconsistencies in medical evidence, finding false implication possible. Bail granted with directions to attend police station.

What did the court decide?

Bail on personal bond with sureties; mandatory attendance at police station; prohibition to influence witnesses or contact victim.

Wasim Mohammed Yunus Shaikh Vs the State of Maharashtra — Matrimonial and Divorce | Bombay HC (2021)

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Dusane

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1/415 ABA 1370.21.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BHALCHANDRA GOPAL DUSANE

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Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2021.10.20 18:57:24 +0530

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ANTICIPATORY BAIL APPLICATION NO.1370 OF 2021 WITH

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INTERIM APPLICATION NO. 1657 OF 2021

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Wasim Mohammed Yunus Shaikh

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....
Applicant

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Vs.

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The State of Maharashtra ....
Respondent

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Ms. Faiza A. Dhanani i/by Cue Legal for Applicant.
Mrs. J.S. Lohokare, APP for State of Maharashtra.
Mr. Madhukar P. Dalvi, for Intervenor.

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Coram : NITIN W. SAMBRE, J. Date : 20TH OCTOBER, 2021

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P.C.:

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1.The applicant is seeking pre-arrest bail in Crime No. 314 of

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2021, registered with Nayanagar Police Station, for the offence
punishable under Sections 498-A, 406, 377, 354, 323, 504, 506 read
with 34 of the Indian Penal Code.

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2.On 10th July, 2020, the victim was married to the applicant,
who is a Pilot by profession.

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Dusane

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2/415 ABA 1370.21.doc

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3.The applicant is seeking pre-arrest bail on the ground of
false implication, whereas the complainant, assisted by the learned APP
has resisted the application on the ground of physical assault, serious
offence punishable under Section 377 of the Indian Penal Code and
relied on certain documentary and medical evidence.

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4. Considered submissions.

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5.The medical certificate produced by the complainant on
record so as to justify the accusation in the F.I.R. if appreciated, the fact
remains that said certificate pertains to an injury, which claimed to have
suffered two months back i.e. in the month of March, 2021. Even the
F.I.R. came to be registered at a belated state, for which no explanation
is coming forward.

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6.All the family members of the applicant are implicated as

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accused, but for the applicant others are released on pre-arrest bail.
The applicant is very much available for the investigation. Considering

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Dusane3/415 ABA 1370.21.doc

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the nature of evidence particularly medical evidence available on record,
the delay in filing F.I.R. and the conduct of the complainant against all
family members of the applicant-accused, in my opinion false
implication cannot be ruled out. Hence, following order :

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O R D E R

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i)In the event of arrest in Crime No. 314 of 2021, registered
with Nayanagar Police Station, for the offence punishable under
Sections 498-A, 406, 377, 354, 323, 504, 506 read with 34 of the
Indian Penal Code, the applicant be released on bail on his executing
P.R. bond of Rs.15,000/- with one or more sureties in the like amount;

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ii)The applicant is directed to attend the concerned Police
Station on 26th, 28th, and 30th October, 2021 between 10.00 am. to
12.00 pm. and thereafter as and when directed;

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iii)The applicant shall not influence the prosecution witnesses

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or tamper with the evidence or shall not contact the victim directly or
indirectly.

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Dusane

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4/4

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15 ABA 1370.21.doc

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7. Interim Application shall stands disposed of as not survived.

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( NITIN W. SAMBRE, J. )

Wasim Mohammed Yunus Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Wasim Mohammed Yunus Shaikh 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

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