Bail sought in a robbery case where investigation was complete, charge-sheet filed and trial not progressing. Court found friendship between informant and applicant suggesting enmity, noted no flight risk, and granted bail with stringent conditions including residence outside Nashik district.
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.
503-BA-1134-2024 (O).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1134 OF 2024
Ansar alias Pavej Raja Ansari …Applicant Versus The State of Maharashtra …Respondent
WITH INTERIM APPLICATION NO.3317 OF 2024 IN
BAIL APPLICATION NO.1134 OF 2024
| Aijaz Riyaz Shaikh | …Applicant |
|---|---|
| IN THE MATTER BETWEEN | |
| AnsaraliasPavej Raja Ansari Versus |
…Applicant |
| The State of Maharashtra & Anr. ____________________________________ |
…Respondents ___________________________ |
Mr. Bhushan U. Deshmukh a/w Shashank S. Patare, for the Applicant. Ms. R. V. Newton, APP, for the Respondent-State.
Mr. Nikhil M. Pujari, for the Intervenor.
CORAM: MADHAV J. JAMDAR, J. DATED: 23 SEPTEMBER 2024
P.C.:
1. Heard Mr. Deshmukh, learned Counsel for the Applicant,
Ms. Newton, learned APP for the Respondent-State, and Mr. Pujari, learned Counsel for the Intervenor.
2. By the present Bail Application preferred under Section 439 of
the Code of Criminal Procedure, 1973, the Applicant is seeking bail in
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connection with C.R. No.265 of 2023 registered with Yeola City Police
Station, District - Nashik. The relevant details are as follows:-
| 1 | C.R. No. | 265 of 2023 |
|---|---|---|
| 2 | Date of registration of F.I.R. | 10/08/2023 |
| 3 | Name of Police Station | Yeola City, District-Nashik |
| 4 | Section/s invoked | 392, 397, 387, 341, 427 & 506 r/w 34 of theI.P.C., 1860; 4 & 25 of theArms Act, 1959. |
| 5 | Date of incident | 10/08/2023 |
| 6 | Date of arrest | 12/08/2023 |
| 7 | Date of filingCharge-sheet | 12/10/2023 |
3. The present Applicant has filed an Application bearing Exh.3 in Sessions Case No.228 of 2023 and by Order dated 4th January 2024 the said Bail Application was rejected. The prosecution case is set out in said Order in Paragraph No.3. The said Paragraph No.3 reads as under:
“3. Perusal of the FIR reflects that applicant and other two accused came by two motor cycle from behind and stopped the complainant. Applicant took the knife from the accused No.2 and threatened the witness Ejaj Shaikh by saying that, “if he wants to reside in the village, then he will have to pay Rs.50,000/- to him” and asaulted the complainant by knife, however, he skipped the same. The applicant took away Rs.4,300/- from the pocket of the complainant. The matter came to be reported to the police.”
4. It is the submission of Mr. Deshmukh, learned Counsel for the
Applicant that the Informant is a politician and in fact he is a close friend of the Applicant. He pointed out a photograph which has been annexed at Page No.64A of the Application and submitted that the
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Informant had attended the birthday party of the Applicant and in fact he had organized the same. He submitted that the case filed is a false case. He submitted that F.I.R. has been lodged due to some personal enmity. He submitted that the Accused No.2 who is having the same role, has been enlarged on bail by the learned Trial Court by Order dated 3rd November 2023 passed by the Additional Sessions Judge, Yeola in Criminal Bail Application No.196 of 2023.
5. On the other hand, Ms. Newton, learned APP strongly opposed the Bail Application. The Respondent-State of Maharashtra has filed Affidavit dated 26th July 2024 of Police Sub Inspector, presently attached to Sonai Police Station, Ahmednagar City, District – Ahmednagar. Thereafter an additional Affidavit has also been filed on 29th August 2024. As per the additional Affidavit, there are a total of 12 offences registered against the present Applicant. The details of these offences are mentioned in Paragraph No.3 of said Affidavit dated 29th August 2024, which reads as under:-
| Sr. No. |
Name of Police Station |
C.R. No. | Under/Sections | Current Status |
Complainant Name |
|---|---|---|---|---|---|
| 1 | Yeola City Police Station |
120/2018 |
u/s 324, 323 of IPC |
Pending | Adnan Akil Ansari |
| 2 | Yeola City Police Station |
179/2018 |
u/s 307, 324 of IPC |
Pending | Shahid Mohammad Shakil Ansari |
| 3 | Yeola City Police Station |
244/2022 |
u/s 354, 323 of IPC |
Pending | Samina Mustak Khan |
| 4 | Yeola City Police Station |
295/2022 |
u/s 354, 427 of IPC |
Pending | Anjum Yjaj Shaikh |
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| 5 | Yeola City Police Station |
265/2023 |
u/s 397, 392 of IPC |
Pending | Sari Ansari |
Ashpak |
|---|---|---|---|---|---|---|
| 6 | Yeola City Police Station |
123/2015 |
u/s 341, 326 of IPC |
Pending | Jakaria Ansari |
Abdul |
| 7 | Yeola City Police Station |
135/2018 |
u/s 143, 147, 448, 427, 504, 506 of IPC |
Pending | Raees Shaikh |
Chand |
| 8 | Manmad Police Station |
205/2018 |
u/s 307, 324 of IPC |
Pending | Hasim Shaikh |
Harun |
| 9 | Yeola City Police Station |
NC 626/2022 |
u/s 507 of IPC | Yjaj Shaikh |
Raees | |
| 10 | Yeola City Police Station |
NC 194/2018 |
u/s 323, 504, 506 of IPC |
Saibas Kokani |
Nisar | |
| 11 | Yeola City Police Station |
NC 428/2018 |
u/s 323, 504, 506 of IPC |
Raees Shaikh |
Chand | |
| 12 | Yeola City Police Station |
NC 457/2018 |
u/s 323, 504, 506 of IPC |
Raees Shaikh |
Chand | |
| 13 | Yeola City Police Station |
NC 373/2022 |
u/s 507 of IPC | Mustak Ajij Kh |
Khan an |
6. Ms. Newton, learned APP submitted that as the Applicant is a habitual offender, the Bail Application be rejected.
7. The Informant has filed an Intervention Application in this Bail Application. Mr. Pujari, learned Counsel for the Intervenor submitted that the offence involved in this case is a very serious offence. He submitted that the vehicle which is used in the offence is recovered, and cash amount of Rs.4,300/- has also been recovered from the Accused. He submitted that 1 knife also recovered from the present Applicant. He therefore submitted that the Applicant be not released on bail.
8. Perusal of the record shows the incident in question took place on 10th August 2023, F.I.R. was lodged on 10th August 2023 and the
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Applicant was arrested on 12th August 2023. It is an admitted position that investigation has been completed and that Charge-sheet has been filed on 12th October 2023. Till date, there is no progress in the trial and even the Charge is also not framed. Accoringly, the trial will take a considerably long time to conclude.
9. As far as the offences which are registered against the Applicant are concerned, 5 are non-bailable offences. As far as the other offences are concerned, 1 offence is of the year 2015, 4 offences are of the year 2018, 2 offences are of the year 2022 and 1 offence is of the year 2023 which is the present offence. As far as the offences of the year 2022 are concerned, they are under Sections 354 and 323 of the Indian Penal Code, 1908(“ IPC ”), and under Sections 354 and 427 of the IPC. As far as the present offence is concerned, the photograph which has been annexed by the Applicant at Page No.64A is not denied by the Informant.
10. There is substance in the contention that the Applicant and Informant are friends and due to some enmity, the offence has been registered. The mother of the Applicant has filed an Affidavit dated 18th September 2024, stating that the present C.R. is filed by the Informant at the instance of Yjaj Raees Shaikh with some ulterior motive.
11. In any case, as the investigation is completed and Charge-sheet is filed, the Applicant can be enlarged on bail.
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12. However, as there are several offences registered against the Applicant and most of them are registered with Yeola Police Station, Nashik and Manmad Police Station, Nashik, Mr. Deshmukh, learned Counsel, after taking instructions, states that the Applicant will therefore not reside within District – Nashik and that the Applicant will reside at C/o Ansari Aasiya Bano Nisar Ahmad, Plot No.13, Chalisgaon Road, Near Bushra Hotel, Garib Nawaz Nagar, District-Dhule.
13. The Applicant does not appear to be at risk of flight.
14. Accordingly, the Applicant can be enlarged on bail by imposing stringent conditions.
15. In view thereof, the following order:-
O R D E R
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Station, District – Dhule once in a week i.e. on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Chalisgaon Road Police Station, District – Dhule to communicate details thereof to the Investigating Officer.
16. The Bail Application is disposed of accordingly.
17. It is clarified that the Trial Court shall decide the case on its merits uninfluenced by the prima facie observations made in this Order.
18. In view of disposal of the Bail Application, nothing survives in the Interim Application and the same is also disposed of.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Whether the applicant should be enlarged on bail under Section 439 CrPC in C.R. No.265 of 2023 despite prior criminal antecedents.
1 provisions across 1 enactments
Ansar alias Pavej Raja Ansari
The State of Maharashtra
Aijaz Riyaz Shaikh
Madhav J. Jamdar
As recorded by the court registry
17 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
