SAYYED ISMAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing for the applicants in Criminal Application Nos.2405/2019 and 2824/2019. For the reasons stated in the said applications, the same are allowed in terms of prayer clauses "B" and disposed of accordingly.

(2.) The applicants in both applications are seeking Bail in connection with Crime No.302 of 2017 registered with Cantonment (Chhavani) Police Station, District Aurangabad for the offences punishable under Sections 302, 201, 120(B) read with Section 34 of IPC. The application Exh. 39 in Sessions Case No. 280 of 2018 filed by the applicant Sayyed Ismail came to be rejected by the Additional Sessions Judge-3, Aurangabad vide order dated 24.6.2019 and the application bearing Criminal B.A. No. 1994 of 2018 filed by applicant Akash @ Sherya came to be rejected by the learned Additional Sessions Judge-4, Aurangabad vide order dated 7.12.2018.

(3.) Learned counsel for the applicant in bail application No.815 of 2019 submits that the prosecution case entirely rests upon the circumstantial evidence and there is no direct evidence in this case. Learned counsel submits that except the statement of call detail records, there is no connecting evidence as against the applicant. Learned counsel submits that the allegations have been made against the applicant to the extent that he is one of the conspirator. However, except the call detail records to infer about the conspiracy hatched by the present applicant along with other co-accused persons, there is no connecting evidence. The applicant is in jail since 25.03.2019. Learned counsel submits that so far as the accused persons named in the FIR are concerned, the Investigating Officer has submitted the report under Section 169 of Cr.P.C. against most of the persons named in the FIR. So far as the present applicant is concerned, charge-sheet came to be submitted directly against him and thus the applicant has approached the Sessions Court by filing an application seeking anticipatory bail and the said application came to be rejected by the Sessions Court on 30.08.2018. Even the applicant has withdrawn his application seeking anticipatory bail before this Court and accordingly, his application came to be disposed of by order dated 14.03.2019. The applicant has thereafter surrendered himself before the police. The applicant thus never absconded. The applicant has fixed place of residence. He is a 65 years of age. He has roots in the society. The antecedents of the applicant are clear. The applicant is easily available for trial. He may be released on bail.