Bombay High Court
Rizwan Ahmed Niyaz Ahmed Siddiqui vs State Of Maharashtra, Thr. Police ... on 18 June, 2021
Author: Vinay Joshi
Bench: V. G. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) No.310 OF 2021
(Rizwan Ahmed Niyaz Ahmed Siddiqui Vs. The State of Maharashtra, through PSO, PS
Ram Nagar, District Chandrapur)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri A.C. Jaltare, Advocate for applicant.
Shri H.D. Dubey, APP for non-applicant.
CORAM : VINAY JOSHI, J.
DATE : JUNE 18, 2021.
Hearing was conducted through Video
Conferencing.
2. The applicant is seeking bail in Crime
No.916/2020, registered with Ram Nagar Police Station,
Chandrapur for the offence punishable under Sections 302,
452 read with Section 34 of the Indian Penal Code and
Sections 4 and 25 of the Arms Act. Besides other grounds
the applicant has claimed bail by contending that there is
no specific role attributed to the accused and he is entitled
for bail on the ground of parity. The State resisted bail by
filing reply-affidavit and pointing towards antecedents
against the accused.
3. It is the prosecution case that on the date of
occurrence applicant along with co-accused, namely,
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Sarfaroz and Salim entered into the house of informant.
There was hot exchange of words in which co-accused
Sarfaroz took out a weapon looking like sword and
assaulted on the chest of Karan, who later succumb to
injuries. Perusal of both the statements of informant and
eye witness namely Rajesh, allegations appears to be mere
presence of applicant and nothing more than that. The
main allegation about assault by sword are against co-
accused Sarfroz only. Certainly with the aid of Section 34
the applicant can be vicariously held liable, however, the
essential to constitute common intention has to be proved
in the trial. This Court has already released co-accused
Salim on bail in Criminal Application (BA) No.282/2021,
vide order dated 16th June, 2021 who stands on the similar
footing. There is no reason to deny the rule of parity to this
applicant. True there are certain antecedents against the
applicant of which chart has been furnished. It appears that
most of the offences are of theft, Gambling Act and Bombay
Police Act. In the year 2017 and 2019 offences of causing
hurt are registered. Considering the tendency of the
applicant imposition of certain conditions would suffice the
purpose. In view of above, following order is passed.
ORDER
(i) Criminal Application is allowed and disposed of.
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(iii) The applicant shall not tamper the prosecution evidence in any manner.
(iv) The applicant shall attend concerned Police Station on first Monday of every month between 10.00 a.m. to 12.00 noon till conclusion of trial.
(v) Misc. Application, if any, also stands disposed of.
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