Bombay High Court
Salam Bin Saleh Bin Havel vs The State Of Maharashtra And Others on 19 October, 2020
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
48 BAIL APPLICATION NO.1124 OF 2020
MOHAMMAD BIN SAEED BIN KILEB
VERSUS
SUPERINTENDENT OF POLICE & ANOTHER
WITH
CRIMINAL APPLICATION NO.1812 OF 2020
IN
BAIL APPLICATION NO.1124 OF 2020
...
Advocate for Applicant : Mr. Deshmukh Mahesh S.
PP for Respondent-State : Mr. D. R. Kale.
Advocate for informant to assist PP : Mr. M. P. Tripathi.
...
CORAM : V. K. JADHAV, J.
DATE : 19.10.2020
PER COURT :-
1. The applicant is seeking regular bail in connection with
Crime No.362 of 2020 registered with Pathri Police Station,
District Parbhani for the offences punishable under Sections
307, 353, 186, 504, 506 read with Section 34 of the IPC and
Section 4 and 25 of the Indian Arms Act. His application with
similar prayer came to be rejected by the Additional Sessions
Judge, Parbhani, vide order dated 22.09.2020 in Criminal
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Misc. Application No. 804 of 2020.
2. The learned counsel for the applicant submits that as per
the allegations made in the complaint, the incident had taken
place as of sudden on account of the place of parking of the
motor vehicle. The informant and the present applicant are
the neighbours. It has alleged in the complaint that because of
the quarrel on account of the parking place, the applicant has
taken out his licensed revolver and made a fire in the air. The
learned counsel submits that on the basis of these allegations,
the applicant is in jail since long. Though the prosecution
alleges the criminal antecedents, however, those are the old
cases and the applicant came to be acquitted in connection
with those cases. Out of those four cases, one case is of the
year 2008, one case is of the year 2013 and two cases of the
year 2014. In all the cases, applicant came to be acquitted
long back by the court. The learned counsel submits that
during the course of the investigation, the said licensed
revolver has been seized by the Investigating Officer.
Investigation is almost over for all the practical purposes and
the formality of filing charge-sheet is only remained. The
applicant has a fixed place of residence. The applicant is easily
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available for trial. The applicant is ready to abide the
conditions, if imposed by this Court. The applicant may be
released on bail.
3. The learned Public Prosecutor assisted by the learned
counsel Mr. M. P. Tripathi has strongly resisted the application
on the ground that the applicant has a terror in the society and
the witnesses are not coming forward to depose against him,
and in Criminal Case No.66 of 2014, the Court has observed in
the said manner while acquitting the applicant in connection
with the said case. The learned Public Prosecutor submits that
even after this incident, at the time of the visit of house of the
applicant, the applicant has assaulted the Police Constable on
duty and accordingly the charge under Section 353 of the IPC
has been added in the present crime. The learned Public
Prosecutor submits that the applicant may not be released on
bail till filing of the charge-sheet. The investigation is still
going on.
4. On going through the allegations made in the complaint
and on perusal of the investigation papers, it appears that the
incident had taken place on account of the trifling reason. The
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informant and the applicant are neighbours. It is also not
disputed that the applicant is having a licensed revolver. It
appears that in the hit of anger, the applicant has made a fire
of the said revolver in the air. However, in connection with this
crime, the applicant is in jail for a considerable period. So far
as the criminal antecedents are concerned, the said cases of the
year 2008, 2013 and 2014 respectively, and as submitted by
the learned counsel for the applicant in all those four cases, the
applicant came to be acquitted long back. It further appears
that the court has no where made the observations in
connection with Case No.66 of 2014 that the witnesses are not
coming forward to depose against the applicant because of his
terror in the society. Moreover, it further appears that co-
accused No.2 Mohammad Naushad S/o Akram Shaikh has
assaulted the police party when the police party had been to
the house of the applicant for completion of certain formalities.
However, said co-accused No.2 Mohd Naushad came to be
released on bail by the court below and so far as the charge
under Section 353 is concerned, there are no allegations as
against the present applicant to deter the public servant from
discharging his official duty. The learned Public Prosecutor
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submits that during the course of the investigation, deadly
weapon like sword and khanjar came to be recovered from the
house of the applicant, however, as a matter of punishment,
the bail cannot be refused to the applicant. Thus, by imposing
certain conditions, such as not to enter in Pathri till filing of the
charge-sheet, I am inclined to release the applicant on bail.
Hence following order :
ORDER
1. The application is hereby allowed.
2. The applicant MOHAMMAD BIN SAEED BIN KILEB in connection with Crime No.362 of 2020 registered with Pathri Police Station, District Parbhani for the offences punishable under Sections 307, 353, 186, 504, 506 read with Section 34 of the IPC and Section 4 and 25 of the Indian Arms Act, be released on bail on furnishing P.B. of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount on the following conditions :-
a] The applicant shall not tamper with the prosecution evidence in any manner.
b] The applicant shall attend the concerned police station once in a week i.e. on every Sunday between 8.00 to 11.00 a.m. till filing of charge-::: Uploaded on - 20/10/2020 ::: Downloaded on - 21/10/2020 03:31:12 :::
6 48-BA.1124-20.odt sheet and even for a period of three months after filing of the charge-sheet on the same day and time.
c] The applicant shall not enter within the limits of Pathri, Tq. Pathri, District Parbhani till filing of the charge-sheet except attending the Police Station as directed above.
3. The application is accordingly disposed off.
4. Criminal Application No.1812 of 2020 is allowed in terms of prayer clause 'B'. Application is accordingly disposed off.
(V. K. JADHAV, J.) ...
vmk/-
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