LAWS(BOM)-1997-2-60

ABDUL SALAM ABDUL RAUF Vs. STATE OF MAHARASHTRA

Decided On February 04, 1997
Abdul Salam Abdul Rauf Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) ONE Khalil Iqbal Ahmed of Malegaon,while proceeding in the night after closing his shop was assaulted by Javed Jumman and others by means of sword and razor on his head and shoulder. After this assault was over, petitioner Kallu and Maku are alleged to have come there and they also instigated them to assault Khalil Iqbal Ahmed and thereupon they are alleged to have assaulted with iron bars and sticks. On the basis of the complaint lodged by Khalil Ahmed offence under section 307,147,148 of the I.P.C. came to be registered at CR No. 143/95 in the City Police Station,Malegaon. Petitioner came to be arrested in connection with that offence and he had applied for grant of bail to Sessions court at Malegaon, but his application was rejected.

(2.) I have heard Shri Shaikh for the petitioner and Shri Mhaisapurkar,APP for the respondent-state. It was pointed out by Shri Shaikh for the petitioner that other co-accused by name Akheel Ahmed Khalil Ahmed had applied for grant of bail to this court by filing Cri.Application No.236/95 and this court (V.Sahai,J.) has granted bail on 6th February 1996 in favour of the said accused. Case of the present petitioner also stands on the same footing and therefore, he deserves grant of bail on parity.

(3.) ACCORDINGLY ,petitioner is ordered to be released on bail on his furnishing solvent surety to the extent of Rs.5,000/- (five thousand) and PR bond for like amount on condition that he shall report to City Police Station, Malegaon, once in a week on every Monday at any time between 8 a.m. to 8 p.m.