Bombay High Court
Ansar Khan Hussain Khan vs Shaikh Sartaj @ Ajji Dada S/O. Shaikh ... on 16 September, 2020
Author: V. K. Jadhav
Bench: V. K. Jadhav
1 924-BA-894-2020+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 BAIL APPLICATION NO. 894 OF 2020
WITH APPLN/1515/2020 IN BA/894/2020
SHAIKH SARTAJ @ AJJI DADA S/O. SHAIKH NASIR
VERSUS
THE STATE OF MAHARASHTRA
......
Advocate for Applicant : Mr. Jadhav Satej S
APP for Respondent-State : Mr. S. B. Narwade
Advocate for Applicant in Appln/1515/2020 :
Mr. N. V. Gaware
.....
CORAM : V. K. JADHAV, J.
DATED : 16th SEPTEMBER, 2020
PER COURT :-
1. Heard learned counsel for the applicant in Criminal
Application No. 1515 of 2020. For the reasons stated in the
application, the same is allowed in terms of prayer clause "A"
and disposed off accordingly.
2. The applicant is under trial prisoner in connection
with crime no. 302 of 2017 (Sessions Case No. 280 of 2018).
The applicant had filed application Exhibit 87 seeking
temporary bail in terms of the guidelines issued time to time
by the High Power Committee. The said application came to
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be rejected by the Additional Sessions Judge, Aurangabad by
order dated 01.06.2020.
3. Learned counsel for the applicant submits that the
prosecution case entirely rests upon circumstantial evidence
and there is no direct evidence in this case. In addition to
this, the prosecution alleges that the applicant is a contract
killer and the prosecution mainly relies upon two
circumstances. Firstly, there is recovery of a metallic iron
pipe at the instance of the applicant and as per the C.A.
report, the recovered metallic iron pipe is similar to that of
the metallic iron pipe found near the spot. Secondly, there is
call detail record indicating that the applicant remained in
touch with accused nos. 1 and 3. Learned counsel submits
that those circumstances are not conclusive in nature. In the
pandemic situation, the applicant is in jail since the year
2018. The applicant may be released on temporary bail.
4. Learned APP, assisted by learned counsel Mr. N. V.
Gaware, has strongly resisted the application on the ground
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that the application of the applicant seeking regular bail on
merits is pending before the trial court and as such, this
application seeking temporary bail cannot be entertained.
Learned APP submits that there were blood stains on the
metallic iron pipe found near the spot and as per the C.A.
report, the said blood is of the blood group of deceased.
Learned APP submits that during the course of investigation,
at the instance of the present applicant two pieces of
metallic iron pipe came to be recovered and as per the C.A.
report there is similarity in respect of the physical properties
and elemental composition. Learned APP submits that in
addition to this, there is call detail record of the mobile
number of the applicant which indicates that prior to the
incident he remained in touch constantly with original
accused nos. 1 and 3. Learned APP submits that on the same
set of allegations, this Court (Coram : Mangesh S. Patil, J.)
has rejected the application of co-accused Akram Khan
Gayaz Khan. The applicant is a history sheeter. There are 3/4
crimes registered against him. The applicant may be
rejected.
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5. In terms of the guidelines issued by the High Power
Committee dated 11.05.2020 along with the guidelines
subsequent thereto, there is no bar as such to consider the
application of an under trial prisoner for temporary bail,
ever during pendency of the application seeking regular bail
on merits. Moreover, in the instant case, the application filed
by the applicant seeking regular bail on merits is pending
since December 2019.
6. It appears from the submissions made on behalf of the
applicant so also for the State that there is no direct
evidence in this case and the prosecution case rests upon
circumstantial evidence. It appears that there are two
categories of accused persons. One category of the accused
persons falls in the category of conspirators whereas second
category of accused persons falls in the category of contract
killers. So far as the present applicant is concerned, it is
alleged that he is a contract killer. It further appears that
there are two circumstances relied upon by the prosecution.
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Firstly, the similarity in the metallic iron pipe recovered at
the instance of the applicant and the metallic iron pipe
found near the spot. Secondly, the call detail record which
indicates that the applicant remained in touch with original
accused nos. 1 and 3. Both the sides have made submissions
on these two circumstances, however, at this stage I would
not say much on these circumstances since the application of
the applicant seeking regular bail on merits is pending
before the court. However, considering the nature of
allegations and looking into the nature of those
circumstances, I am inclined to release the applicant on
temporary bail. Learned APP has vehemently argued on the
antecedents of the applicant. However, it would be for the
trial court to consider the same while deciding the
application seeking regular bail on merits. In the
circumstance and considering that the pandemic situation
also affecting the jail inmates, I am inclined to release the
applicant on temporary bail with certain conditions. Hence,
following order.
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ORDER
I. The application seeking temporary bail in terms of the guidelines issued by the High Power Committee is hereby allowed.
II. The applicant SHAIKH SARTAJ @ AJJI DADA S/O. SHAIKH NASIR in connection with crime no. 302 of 2017 (Sessions Case No. 280 of 2018) registered with Cantonment (Chhavani) Police Station, Aurangabad, for the offence punishable under Sections 302, 201, 120-B, 34 of IPC, be released on temporary bail for a period of 45 days on furnishing P.B. of Rs.50,000/- with one or two solvent sureties of the like amount on the following conditions :-
a] The applicant shall surrender himself after expiry of the said period of 45 days.
III. Application is accordingly disposed of.
( V. K. JADHAV, J. ) vre/-::: Uploaded on - 16/09/2020 ::: Downloaded on - 17/09/2020 06:50:57 :::