Bombay High Court
Mukhtar Nasir Shaikh vs State Of Maharashtra on 15 March, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:12658
Darshan Patil 6-ba-449-24.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 449 OF 2024
MUKHTAR NASIR SHAIKH ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
Adv. Babita Pandey a/w Adv. Dinesh Sonawane for the
applicant.
Mr. S. A. Karmakar, APP for the State.
Mr. Prakash Mane, ASI, Shahupuri Police Station, Satara.
CORAM : M. S. KARNIK, J.
DATE : MARCH 15, 2024
P.C. :
1. Heard learned counsel for the applicant and learned APP
for the State.
2. This is an application for bail in respect of the offence
punishable under Sections 376 and 506 of the Indian Penal
Code and Section 3 of the Maharashtra Prevention and
Eradication extent and commencement. of Human Sacrifice
and other Inhuman, Evil and Aghori Practices and Black Magic
Act, 2013, registered on 20/08/2022 vide C.R. No.285 of
2022 with Shahupuri Police Station, Satara.
3. This is the second bail application. The applicant had
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previously applied for bail in this Court vide Bail Application
No.1563 of 2023. By order dated 01/09/2023 passed by this
Court, the applicant was permitted to withdraw the
application with liberty to apply for bail afresh after 3 months
if the trial does not proceed substantially.
4. It is alleged by the prosecution that the incident took
place on 19/08/2022 at around between 15.30 and 16.15
hrs. The prosecutrix was facing some problems. For
resolving those problems she was informed that the applicant
could be of help. The applicant practices black magic. It is
alleged that under the pretext of solving her problems the
applicant applied some substance on the prosecurtix as a
result of which she could not resist the acts committed by the
applicant which is an offence under the aforesaid sections.
The prosecutrix just felt helpless.
5. So far as the prosecutrix is concerned, I am informed
that notice was issued to her by the trial Court on 19/01/2023
but since then she has not appeared before the trial Court to
depose. It is further informed that though the trial has
commenced, only 2 witnesses are examined. The trial is
2
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unlikely to conclude soon. The applicant does not appear to
be a flight risk. The investigation is complete and the charge-
sheet is filed. The applicant is in custody since 21/08/2022
for a period of 1 year and 6 months as an undertrial. The
applicant will face the consequences if found guilty. The
applicant cannot be incarcerated as a pre-trial punishment.
In the facts and circumstances of the present case, I am
inclined to enlarge the applicant on bail. Hence, the following
order :-
ORDER
(a) The application is allowed.
(b) The applicant- Mukhtar Nasir Shaikh in connection
with C.R. No.285 of 2022 registered with Shahupuri Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police 3 Darshan Patil 6-ba-449-24.docx Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(f) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
6. The application is disposed of.
(M. S. KARNIK, J.) 4 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 15/03/2024 19:12:39