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Cri.B.A.No.948/22OrderEx.1.
Order below Exh.1 in Bail Application No. 948/2022
Anwar Aslum Sayyed
..
Applicant/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Ghoti Police Station, Ghoti.
(Cr. No.I 33/2020)
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicant/accused under section 439 of Cr.P.C. for releasing him
on regular bail in the aforesaid Crime registered at Ghoti Police
Station, for the offence punishable under sections 302 & 323 of
the Indian Penal Code.
2.
Heard Learned Advocate Shri A.I.Deshmukh, for the
applicant and learned A.P.P. Smt. Jadhav for the State. IO is
also present. Perused the papers of investigation.
3.
It is the case of the prosecution that the applicant has
committed murder of the deceased Rashid son of informant.
4.
Learned Advocate for the applicant submitted that
the alleged incident occurred on 28.08.2017, but the report came
to be lodged on 07.03.2020 on the basis of secrete information
received by the police machinery.
evidence against the accused.
arrested on
06.03.2020.
There is no any prima facie
Applicant/accused came to be
Now, investigation is complete and
thereby chargesheet is filed. Therefore, physical custody of the
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applicant is no more required.
Cri.B.A.No.948/22OrderEx.1.
The learned Advocate for the
applicant submitted to release the applicant on grant of bail.
5.
Per contra, the learned APP resisted the application
on the ground that the applicant has committed a very serious
crime.
He came to be arrested on the basis of secrete
information.
Prima facie concern of the applicant with the
alleged serious offence is thus clear.
Therefore, ld. APP
submitted that the bail application filed by the applicant be
rejected.
6.
On perusal of record, it reveals that the report is
lodged on 03.03.2020. The said report appears to be based on
hearsay information.
It is mentioned therein that deadbody
was found on the railway track. AD No. 57/2017 was registered
at Ghoti Police Station to that effect.
specification
as
to
the
identification
But there is no any
of
deadbody
etc.
Apparently, there is much delay in lodging report i.e. near about
three years.
Prima facie involvement of the applicant in the
alleged serious crime is found to be dubious one.
7.
Howsoever it may be, applicant came to be arrested on
06.03.2020. He is behind bar since last two years. Considering
the nature of accusation and investigation thereof, it is clear that
there is no recovery or discovery as such remain from the
applicant. Physical custody of the applicant is thus, no more
required.
As per the contention of ld. Advocate, the applicant
has no criminal antecedents of the same nature of offence. He is
ready to abide any conditions on grant of bail. Considering all
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Cri.B.A.No.948/22OrderEx.1.
these aspects, this Court is of the view that applicant can be
released on bail by imposing certain stringent conditions.
Hence, the order.
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused arrested in C.R. No. I
33/2020 for the offences punishable under
Section 302 & 323 of the I.P.C. registered
with Ghoti Police Station, hoti be released on
bail in the sum of Rs.25,000/(Rupees Twenty
five Thousand only) with one or two sureties
in the like amount subject to following
conditions :
a] That he shall not tamper with
prosecution evidence in any manner.
the
b] Applicant is directed to attend the trial
regularly without fail.
c] Applicant is directed to furnish his
permanent address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 04.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.05
10:44:29 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.