Criminal bail application allowed. Released on bond of Rs.25,000 with sureties, reporting conditions applied, and prohibition on tampering with evidence or entering jurisdiction area.
Released on bail on furnishing P.R. Bond of Rs.25,000 with one or two sureties in the like amount subject to various conditions.
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.
42-BA-3268-2023.doc
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.3268 OF 2023
Rais Hanif Shaikh ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Sagar Paspohe, for the Applicant.
Mr. P. H. Gaikwad, APP, for the Respondent-State.
Mr. Samir Aawle, 9927 Police Amaldar, Kondhwa Police Station present.
CORAM : MADHAV J. JAMDAR, J.
DATED : 2nd JANUARY 2024
P.C.:
1.Heard Mr. Sagar Paspohe, learned Counsel appearing for the
Applicant and Mr. Gaikwad, learned APP appearing for the
Respondent/State.
2. The relevant details are as follows:-
1 |
C.R. No. |
222 of 2023 |
|---|---|---|
2 |
Date of Registration of F.I.R. |
25thFebruary 2023 |
3 |
Police Station |
Kondhwa, Pune |
4 |
Sections Applied |
302, 201 r/w. 34 ofIPC |
5 |
Date of Incident |
24thFebruary 2023 |
6 |
Date of Arrest |
26thFebruary 2023 |
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7 |
Date of filing of Chargesheet |
29thMay 2023 |
|---|---|---|
8 |
Status of Trial |
Not commenced. |
9 |
Previous Criminal Antecedents |
No. |
3.The case is of circumstantial evidence. The Applicant is having
two wives. The statement of witness Mohammad Asif Mohammad
Ismail Ansari dated 25th February 2023 shows that there was quarrel
at 6.30 a.m. on 24th February 2023 between the two wives of the
Applicant i.e. the Accused No.2-Shabana Rais Shaikh and the
deceased Fatimabi Rais Shaikh. In the said quarrel, Accused No.2-
Shabana Rais Shaikh assaulted the deceased-Fatimabi.
4.Learned APP pointed out certain statements showing that the
present Applicant has tampered with the evidence to make it appear
as if the deceased had died by suicide. He pointed out the post
mortem report showing that there are various injuries on the body of
the victim.
5.The statement of witness-Mohammad Asif Mohammad Ismail
Ansari dated 25th February 2023 shows that in fact, assault was by
Accused No.2-Shabana Rais Shaikh i.e. wife of the Applicant. The
said Accused No.2-Shabana Rais Shaikh has been granted bail by
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Order dated 7th June 2023 passed by learned Additional Sessions
Judge, Pune.
6.The Chargesheet has been filed on 25th May 2023. There are no
antecedents. Accused No.2-Shabana Rais Shaikh who is the wife of
the present Applicant, is already enlarged on bail. There is no eye-
witness and the evidence is circumstantial in nature.
7.It is an admitted position that there was a quarrel between the
Accused No.2 and the victim i.e. two wives of the Applicant at 6.30
a.m. on 24th February 2023 and the victim was found dead at 8.30
a.m. The trial is unlikely to be concluded any time soon and will take
a considerably long time. Accordingly, the Applicant can be enlarged
on bail by imposing conditions. Hence, the following order:-
O R D E R
(a) The Application is allowed.(b)The Applicant-Rais Hanif Shaikh be released on bail in
connection with C.R. No.222 of 2023 registered with Kondhwa Police
Station, Pune on his furnishing P. R. Bond of Rs.25,000/- with one or
two sureties in the like amount.
(c)The Applicant shall not enter the area covered under the
jurisdiction of Kondhwa Police Station, Pune City on being released
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on bail, except when summoned by the Investigating Officer.
(d)On being released on bail, the Applicant shall furnish his
contact number and residential address to the Investigating Officer
while residing outside the jurisdiction of Kondhwa Police Station,
Pune City and shall keep the same updated, in case there is any
change.
(e)The Applicant shall report to the Hadapsar Police Station, Pune
City once every week, on every Sunday between 11.00 a.m. and 1.00
p.m. till the trial concludes. The Police Inspector of Hadapsar Police
Station to communicate details thereof to the Investigating Officer.
(f)The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him/her from disclosing the facts to
Court or any Police Officer. The Applicant shall not tamper with
evidence.
(g)The Applicant shall attend the trial regularly. The Applicant
shall co-operate with the trial Court and shall not seek unnecessary
adjournments.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Whether bail should be granted to the applicant charged with murder given that the co-accused is already on bail and the trial is expected to take a long time.
Rais Hanif Shaikh
The State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court