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Bombay High CourtBA/2239/2017bail granted

Riyaz Rizwan Shaikh v. The State Of Maharashtra

2017-12-20Hon'Ble Shri Justice A.S. Gadkari3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2239 OF 2017 Riyaz Rizwan Shaikh .Applicant Vs.

The State of Maharashtra .Respondent Smt. Mallika Ingale, Advocate, for the Applicant Mrs. A. A. Takalkar, APP, for the Respondent - State

CORAM

:

A.S.GADKARI, J.

DATE :

20.12.2017 P.C.

.

This is an Application under Section 439 of Cr. P.C. for bail in CR No. 18 of 2017 registered with Aarey Police Station, Goregaon under Sections 302 & 326 of the Indian Penal Code. 2.

It is the case of the prosecution that the Applicant and the deceased - Devendra alias Bittu were friends. That on 25.01.2017 at about 1.00 p. m., the Applicant, deceased - Devendra alongwith other friends had been to the forest of Durganagar situated at Gautamnagar within the jurisdiction of Aarey Police Station for consuming beer. It is alleged that on some trivial ground, the Applicant hit a beer bottle on the head of deceased - Devendra. The friends present at the spot did not notice any external injury on the head of Devendra. The deceased was,

thereafter, dropped at his residence from an Auto Rickshaw. On the next day i. e. 26.01.2017 as the deceased was having pains in his head, he was taken to local Doctor who gave him primary medical help. The deceased, thereafter, took medical treatment with various Doctors. That from 28.01.2017 to 10.02.2017 he was given treatment at Kulkarni Hospital. That on 10.02.2017, the deceased - Devendra was admitted to Trauma Care Hospital. That on 11.02.2017, the deceased was admitted to KEM Hospital for pains in head. That Devendra expired on 16.02.2017. When the deceased was admitted to Trauma Care Hospital, the present crime is registered by his elder sister Smt. Sangeeta D. Kahar on 12.02.2017. The Applicant was arrested on 13.02.2017 and after Devendra expired on 16.02.2017, Section 302 of the Indian Penal Code is added to the present crime. After completion of investigation, police have submitted charge-sheet.

3.

Perused the charge-sheet.

Prima facie, it appears that when the Applicant hit the deceased on his head with a beer bottle on 25.01.2017, he did not had the intention to commit murder of the deceased as the said assault was made out of some trivial ground. That the deceased was alive and conscious from 25.01.2017 to 16.02.2017 and was taken to various hospitals in the interregnum period. The statements of various witnesses

clearly indicate that the Applicant and the deceased were fast friends and as per the statements of eye witnesses, prima facie, it appears that the Applicant was not having any intention to commit murder of the deceased - Devendra.

4.

In view thereof, the Applicant can be released on bail. Hence, the following Order:

(i) Applicant be released on bail in CR No. 18 of 2017 registered with Aarey Police Station, Goregaon on his furnishing PR bond of Rs. 25,000/- with one or two local solvent local sureties in the like amount;

(ii) After his release from the jail, Applicant shall attend the concerned Police Station on every 1st Monday of the month between 10.00 a.m. to 12.00 noon till the conclusion of trial; (iii) Applicant shall also attend all the dates before the trial Court;

(iv) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

5.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)