Professional Documents
Culture Documents
Judge Order Kal
Judge Order Kal
8)
CNR No. MHTH010059372021
Nasir Yasin Shaikh
Vs.
The State of Maharashtra
ORDER (BELOW EXH.8)
This regular Bail Application has been filed under Section
439 of the Code of Criminal Procedure in Crime No.I108/2021
registered at Police Station Kasarwadavali for the offence punishable
under Section 302 of the Indian Penal Code.
1] The Applicant/the Accused contended that he is innocent
and has been falsely implicated in the crime. He was not present at
the spot at the time of the incident. There was no marital relationship
between him and the deceased. He did not demand mobile phone and
clothes from the deceased. There is no direct evidence against the
Applicant. Dying Declaration of the deceased was recorded on
08/04/2021 and she died on 12/04/2021. There is manipulation in
the date and signature of doctor on her Dying Declaration. The
Applicant is the only earning member of his family. His parents are
suffering from multiple diseases. The investigation is completed. The
Applicant is ready to abide by conditions, if released on bail. This is
second bail application and has not filed any other bail application
before any other Court. Hence, the present application.
2] The learned APP filed say and opposed the application. It
is contended that the alleged offence under Section 302 of the Indian
Penal Code is punishable with death or life imprisonment. It is of
2 S.C. No.359/21 (Order Exh.8)
serious nature. The deceased has given detailed Dying Declaration.
The Investigating Officer collected ample evidence against the
Applicant. The first bail application filed after filing of the charge
sheet was rejected by the Court on 21/12/2021. There is no change in
circumstances to file the present application. The Application is not
maintainable. The charge is framed against the Applicant on
02/01/2023. If the Applicant is released on bail, he may abscond and
hamper the trial. He may also tamper with the evidence. Therefore,
it is prayed for rejection of the application.
ORDER
This Application at Exh.8 is hereby rejected.
(D. B. Bangde)
Date: 23.05.2023 Additional Sessions Judge, Thane.
4 S.C. No.359/21 (Order Exh.8)
C E R T I F I C A T E
Name of the Court : D.B. Bangde
Name of the Stenographer : R. S. Parab
Date of Judgment/Order : 23/05/2023
Date of Judgment/Order signed
by Presiding Officer : 23/05/2023
Judgment/Order uploaded on : 24/05/2023