MHNS010050292022 Order below Exh. 1 in Criminal Bail Application No. 1166/2022

1.This is an application preferred by applicants (1) Mr. Sabir Salauddin Shaikh, (2) Mr. Faisal Salauddin Shaikh, (3) Mr. Jamir Amir Shaikh and (4) Mr. Shahezad Ali Liyakat Ali for bail under section 439 of Cr.P.C. in C.R. No. I­221/2022 registered in Bhadrakali Police Station, Nashik for the offence punishable under sections 395, 452, 143, 147, 149, 504, 506 of the Indian Penal Code and Section 37(1)(3), 135 of Mumbai Police Act.

2.It is contended by the applicants that they are innocent. No incriminating evidence against the accused. Nothing was seized from them during investigation. Accused persons are behind bar since long.

Accused No. 1 and 2 are students and their education will be spoil were as accused no. 3 and 4 are only earning member of their family. Accused are resident of their address. They have landed property, hence, they will not abscond. They are ready to abide by the terms and conditions. Hence, prayed that application be allowed.

3.Say was called of the investigating officer. He has objected the application on the count that, offence is serious in nature as on date investigation is in progress for collecting the evidence. As on date cash amount and household articles are not yet recovered and if accused is granted bail there is possibility of misappropriating the property. Accused No. 1 and 2 are absconding if bail is granted to the accused they will make them abscond. They will threaten the witnesses and accused will cause obstruction in collection of evidence. Hence, prayed that bail application be rejected.

4.Heard Ld. Advocate for the applicant and Ld. APP for the State. On perusing the FIR it is seen that co­accused Sajiya Shaikh threaten the complainant that why he is after the matter of Jebran and why he is try to send him to jail and she is ready to give as much money he wants to settle the matter. It is also seen that at about 5.10 p.m. on the same day when he was at his house suddenly 10­12 women and men forcibly entered his house. On inquiry as to why they are entered the house one of the lady said she is Sajiya Salauddin Shaikh, Sarfraz Pathan is interfering in his matter and “uska badha raha hai, usko maro aur luto”.

She instigated them so the ladies and the gents came on his person and that of his wife and started assaulting them by slapping them and by his slipper. Abused them in filthy language, threaten them. Taking advantage of the crowd two boys took one pair of gold ear ring of his wife and one samsung company mobile when he has assaulted someone removed Rs.800/­ from his pocket. Hence, the report.

5.On considering the report it is seen that specific role has been attributed by the complainant against the accused persons. However, it is also pointed out by the Advocate for the accused that co­accused Sajiya Shaikh and Nasreen Shaikh are released on bail. It is contended by him on the count of parity present accused are also entitled to be released on bail. It is pertinent to state that accused are charge for offence punishable u/s. 395 of IPC with other offences. It is pertinent to state that I.O. has objected this application on the count that yet recovery has to be made.

However, the accused are in MCR since 17.09.2022 after granting them police custody. Thus, the question of any recovery at the instance of present accused does not arise. It is seen from the bail order of Sajiya Shaikh that amount of Rs.33,800/­ has been deposited by her. Hence, this aspect cannot be considered.

6.It is contended by the I.O. that co­accused are absconding and they are being located, however, that cannot be a ground to reject the present application. On considering the role of the present accused similar allegations are made as that of Sajiya Shaikh and Nasreen Shaikh and they are released on bail, hence, on the ground of parity accused are entitled to be released on bail. Nothing remains to be investigated from the present accused. Trial will take time. Apprehension of the I.O. can be taken care by imposing stringent conditions. Presence of the accused can be secured as they are resident of Nashik. Hence, I proceed to pass following order :­

ORDER

1.The application is allowed.

2.The applicants/accused (1) Mr. Sabir Salauddin Shaikh, (2) Mr.Faisal Salauddin Shaikh, (3) Mr. Jamir Amir Shaikh and (4) Mr.Shahezad Ali Liyakat Ali involved in C.R.No. I­221/2022 registered in Bhadrkali Police Station, Nashik for the offence punishable under section 395, 452, 143, 147, 149, 504, 506 of the Indian Penal Code and Section 37(1)(3), 135 of Mumbai Police Act, be released on bail on their executing P.R. and S.B. of Rs.30,000/­ (Rupees Thirty Thousand Only) each with one or two sureties of like amount on following conditions.

(a) They shall attend Bhadrakali P. S. on every Monday in between 11.00 a.m. to 2.00 p.m. till filing of charge­sheet.

(b) They shall not come in contact in any way with the informant/injured and witnesses, nor tamper them.

(c) Applicants/accused shall submit his contact numbers and proof in respect of permanent and temporary residence to this Court.

(d) They shall not repeat the same type of offence. The breach of condition will be caused to cancel the bail.

3.Criminal Bail Application stands disposed of accordingly.

Digitally signed by VAISHALI S VAISHALI S MALKALPATTEREDDY MALKALPATTEREDDY Date: 2022.10.01
13:11:02 +0530 Nashik. (V.S.Malkalpatte­Reddy) Date : 30/09/2022. Additional Sessions Judge, Nashik.