Abdul Jabbar Gafoor Shaikh vs State Of Maharashtra
2022 Latest Caselaw 10351 Bom

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.3351 OF 2022
                                                       IN
                                         CRIMINAL APPEAL NO.983 OF 2022

                       Abdul Jabbar Gafoor Shaikh                           .... Applicant

                                versus

                       State of Maharashtra                                 .... Respondent
                                                           .......

                       •     Mr. Rahul B. Vijaymane, Advocate for Applicant.
                       •     Mr. P. H. Gaikwad, APP for the State/Respondent.

                                                  CORAM       : SARANG V. KOTWAL, J.
                                                  DATE        : 07th OCTOBER, 2022

                       P.C. :


                       1.              This is an application for bail pending final hearing and

                            disposal of Criminal Appeal No.983 of 2022. The Applicant was

                            convicted by Additional Sessions Judge, Solapur, vide his

                            Judgment and Order dated 13/09/2022 in Sessions Case No.337

                            of 2017 u/s 307, 504 and 506 of the Indian Penal Code. The
          Digitally
          signed by
          MANUSHREE

                            major sentence imposed on him was 7 years besides imposition
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:
          2022.10.10
          15:07:17
          +0530


                            of fine.


                 Nesarikar
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2.              The incident had taken place on 01/09/2017. The

     prosecution case is that because of the quarrel and exchange of

     abuses, the Appellant assaulted Usman Shaikh and Shahanavaz

     Shaikh with knife on their heads. The investigation was carried

     out and the Appellant was convicted. There was one more

     accused i.e. accused No.2. He was acquitted from all the

     charges.



3.              Heard Mr. Rahul B. Vijaymane, learned counsel for the

     Applicant and Mr. P. H. Gaikwad, learned APP for the State.



4.              Learned counsel for the Applicant submitted that all

     the injuries are simple in nature. The P.W.1 who was an

     eyewitness has deposed that even the injured were abusing the

     Appellant and they were the aggressors. The injuries are simple

     in nature. The offence u/s 307 of IPC is not made out. The

     Applicant was on bail during the trial and he has not misused

     the same.
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5.            Learned APP on the other hand submitted that the

     assault was on the head, which is a vital part and therefore

     offence is made out. The injured narrated the incident. There is

     sufficient evidence against the Applicant.



6.            I have considered these submissions. As rightly

     submitted by learned counsel for the Applicant, the injuries are

     simple in nature. The injured Usman had suffered two CLWs;

     out of one was on the nose and the other was on frontal area of

     the head. They were described as simple injuries, by P.W.9 Dr.

     Vikas Datta. Shahanavaz had suffered three injuries. One on

     nose and the other near eye and third was on the head. All these

     injuries are simple injuries. Therefore there is substance in the

     submission of learned counsel for the Applicant. Besides this,

     P.W.1 has admitted in the cross-examination that both the

     injured were abusing the Appellant.



7.            Considering all these aspects, it is clear that some

     arguable points are raised. The Appeal is not likely to be decided
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     within a reasonably short period. Therefore the Applicant has

     made out a case for his release on bail during the pendency of

     Appeal.



8.             Hence, the following order :



                                  ORDER

(i) During pendency and final disposal of the Criminal Appeal No.983 of 2022, the Applicant is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)