Bombay High Court
Amjad Yusuf Pathan And Ors vs State Of Maharashtra on 11 November, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
(50)BA-2579-2022.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2579 OF 2022
1. Amjad Yusuf Pathan ]
2. Irshad Shamsuddin Shaikh ]
3. Baban @ Babdya Nagesh Wani ] .. Applicants
vs.
State of Maharashtra ] .. Respondent
Mr.Vivek M. Punjabi, for the Appicants.
Mr.S.H. Yadav, APP for the State.
PSI J.A. Bhosale, Thane Nagar Police Station.
CORAM : BHARATI DANGRE, J
DATE : 11th NOVEMBER, 2022.
P.C.
1] The Applicants are facing accusation under Sections 186, 353,
427 read with 34 of the Indian Penal Code in CR No.69/2019 registered
with Thane Nagar Police Station, District-Thane. Barring Section 353
of the IPC, Section 427 and 186 are bailable offences.
Applicant No.1 came to be arrested in the subject CR on
16.12.2020, whereas, Applicant Nos.2 and 3 came to be arrested on
15.12.2020.
2] With the able assistance of the learned counsel for the Applicant
and the learned APP, I have perused the charge-sheet placed on
record.
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The complaint is filed by PSI Sudhakar Kadam who was
assigned duty at the strong prison party between Thane Jail to Thane
Court.
On the particular day i.e. on 06.03.2019, he accompanied with
seven other associates carried 9 prisoners to Thane Court at around
2.00 p.m. After the proceedings at Thane Court were over, it is alleged
that the relatives of some of the prisoners came with home food and
while the food was being served to one of the prisoner by a burkha
clad woman, it was objected, since there was no permission from the
Court. This agitated the accused persons and their family members
and the complainant then describe alleged misbehaviour with the
police officers. It is alleged that they were obstructed from discharging
their duty and one of the Accused also broke his mobile in which the
incident was being recorded.
The complaint, is, therefore, lodged against 9 accused persons
out of whom, it is informed that two are already been released on bail
by the Sessions Court.
3] The offence under Section 353 of the IPC is punishable with
imprisonment upto 5 years by Maharashtra Amendment Act and as
regards other two offences, they are bailable. I need not focus on the
said aspect while considering the material compiled in the charge-
sheet.
The case of the prosecution is fortified by other witnesses in
respect of the unruly behaviour of the prisoners and it definitely deserve
a trial. However, injury certificate placed on record do not reflect
serious injury sustained to any of the police personnel.
4] In the wake of above, and particularly when it is informed that as
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far as CR no.65/2022 is concerned, which invoke Section 302 of the
IPC and provisions of MCOC Act, accused persons have been
acquitted by the Special Court. It is the same offence in which the
prisoners/Applicants were taken to the Court where the alleged incident
had taken place.
The Applicants have undergone more than two years
imprisonment and therefore they deserve their release on bail.
5] The observations made above are prima facie in nature and
limited for the purpose of determination of the present Application and
the learned Judge trying the Applicant for the offences, with which he is
charged, shall not in any manner be influenced by the above order.
Hence, the following order :
ORDER
(a) Application is allowed.
(b) Applicants - Amjad Yusuf Pathan, Irshad
Shamsuddin Shaikh and Baban @ Babdya Nagesh Wani shall be released on bail in connection with C.R.No.69/2019 registered with Thane Nagar Police Station, on furnishing P.R. bond to the extent of Rs.25,000/- each with one or two sureties of the like amount.
(c) The Applicants shall mark their attendance before the Investigating Officer on first Monday of every month between 3.00 p.m. to 5.00 p.m.
(d) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or 3/4 ::: Uploaded on - 15/11/2022 ::: Downloaded on - 15/11/2022 22:56:44 ::: (50)BA-2579-2022.doc any Police Officer and shall not tamper with evidence.
(e) The Applicants shall regularly attend trial, on every date, unless exempted.
(f) Upon release, the Applicants shall furnish their contact numbers and permanent residential addresses to the Investigating Officer and shall keep him updated in case of change in the same.
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