Asif Allahbaksha Shaikh v. the State of Maharashtra
Case brief
What is this about?
The High Court rejected a bail application filed under Section 439 of Cr.P.C. The applicant, accused in an organized crime syndicate case involving kidnapping and armed robbery, was found to have a prima facie nexus with co-accused based on confessional statements and witness accounts, leading to a denial of relief.
What did the court decide?
Bail application under Section 439 Cr.P.C. is rejected. No costs.
What the court decided
902.ba-1277-2022.doc
SA Pathan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1277 OF 2022
Asif Allahbaksha Shaikh … Applicant V/s. The State of Maharashtra … Respondent
Mr. Harshwardhan Akolkar, for the Applicant. Mr. Pandurang H. Gaikwad, APP for State-Respondent. Mr. Harish Shilamkar, API, Kondhwa police station, Pune City.
CORAM : AMIT BORKAR, J. DATED : JULY 12, 2023
P.C.:
- This is an Application filed under Section 439 of the Code of Criminal Procedure, 1973, (for short ‘Cr.P.C.’) in connection with C.R. No.1095 of 2020 registered with Kondhwa police station for offences punishable under Sections 397, 395, r/w 34 of the Indian Penal Code (for short ‘IPC’) and under Section 4(25) of the Arms Act, under Section 37(1) (3) 135 of the Maharashtra Police Act and under Section 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act, 1999 (for short ‘MCOC Act’).
Digitally signed bySHABNOOR SHABNOOR AYUB AYUB PATHAN PATHAN Date: 2023.07.12 15:40:44 +0530
Issues for consideration
3 issues framed by the court
Whether bail under Section 439 of Cr.P.C. should be granted to the applicant who is accused of offences under the MCOC Act involving an organized crime syndicate.
Whether the prima facie material indicates a nexus of the applicant with the organized crime syndicate justifying rejection of bail.
Whether the High Court is entitled to reject the bail application considering the furnishing of affidavits and witness statements.
Parties & counsel
- applicant
Asif Allahbaksha Shaikh
- respondent
The State of Maharashtra
Coram
AMIT BORKAR
Case details
As recorded by the court registry
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