NASIR BABU SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has preferred this application u/s 439 of Cr.P.C . seeking release on regular bail for the reasons set out in detail in the application.

(2.) Heard learned counsel for applicant and learned A.P.P. for State. Perused charge sheet.

(3.) In brief, it is the contention of learned counsel for applicant that applicant is innocent and falsely implicated in the case. It is submitted that there was enemity between informant and co-accused Raju Shinde. The applicant intervened in the quarrel between them so as to pacify them from quarrel with each other. Due to enemity with the co-accused, the applicant has falsely implicated in the case. It is submitted that applicant and informant had resided together in same locality and they were knowing each other. There was no reason for the applicant to commit robbery. The allegations made in the complaint are totally false and concocted. The accused who alleged to have stopped the car of informant and assaulted him has been granted bail by this Court vide order dated 28/08/2020 passed in ABA No. 714 of 2020. It is submitted that applicant is arrested on 13/06/2020. No recovery to be made from the applicant. The co-accused Raju Shinde has deposited Rs. 43,000/- which is alleged to be robbed in the incident. Investigation is completed. Due to pandemic on account of COVID-19, there is no likelihood of trial against the applicant to be commenced and concluded in near future. It is submitted that though the learned Additional Sessions Judge has observed in the order that applicant is having criminal antecedents and seven cases are registered against him, the applicant is not involved in any criminal activity since after 2015. All the cases registered against him are prior to 2015. It is submitted that applicant is ready to abide any condition that may be imposed in the event of his release on bail.