MOHAMMED SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant who has been charge-sheeted in C.R.No. 200/18 with an offence punishable under Section 302, 326, 341, 504 read with Section 34 of the IPC, seek his release on bail. Parity is claimed with co-accused Irfan Qureshi (Accused no.2) who has been released on bail by this Court on 3rd August 2021. The said order is placed before me.

(2.) On 20th September 2018, an FIR came to be lodged by one John Philip Randive, alleging that while he was chitchatting along with the victim, the accused persons who were driving an auto-rickshaw came close to them. The complainant and the victim were accosted and they came to be assaulted by means of bamboo stick by accused persons. As far as the complainant is concerned, he take name of two of the accused persons being Papa Machhi and Imran Batla and state that they were accompanied by two unknown friends who assaulted the complainant and the deceased Imran Abdul. The deceased sustained injuries and succumbed to them on the next date.

(3.) The post mortem report of Imran Abdul disclose the cause of death to be ''head injury' and column no.17 record a Sutured wound over left parieto temporal region of length 5 cm and one contusion over left arm anteriorly 6 x 2 x 5 cm. Column No.19 record two internal injuries and based on the same, the cause of death has been opined.