ABDUL MOHAMMAD SHAIKH Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Abdul Mohammad Shaikh
STATE OF MAHARASHTRA
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(1.) This is an application for suspension of sentence and enlarging the applicant Abdul Mohammad Shaikh (Original Accused
No. 2) on bail till the disposal of the appeal. The applicant has been
convicted, along with his brother Amir Mohammad Shaikh (accused
no.1) for the offence punishable under section 302 read with 34 of
Indian Penal Code,1860 and sentenced to suffer rigorous imprisonment
for life and pay fine of Rs. 25,000/- (Rs. Twenty Five Thousand Only)
with default stipulation, for having committed murder of Mohammad
Ijaj Sayyed (the deceased) who was residing in their neighbourhood at
Devaripada Village, Shrilanka, Kausa, Mumbra, by the learned
Additional Sessions Judge, Thane by judgment and order dated 11 th
(2.) In the application the applicant avers that no overt act has been attributed to the applicant. Even the co-accused to whom the
overt act of assaulting the deceased by means of knife has been
attributed acted in exercise of right of self defence as deceased had
come armed with a knife, when he was questioned for outraging the
modesty of wife of co-accused. The applicant has been in custody for
more than 6 years. There is no credible evidence to implicate the
applicant. Hence, the applicant be enlarged on bail during the
pendency of the appeal.
(3.) We have heard Ms. Payoshi, the learned counsel for the applicant, and Ms. Shinde, the learned APP for the State at length.
Inviting the attention of the Court to the deposition of Heena (PW-1)
wife of the deceased, who had lodged the F.I.R. and Mr. Sadik Bagban
(P.W. 4) the investigating officer, it was urged on behalf of the applicant
that the very prosecution case reveals that the deceased was armed
with a knife and, in fact, an aggressor. The prosecution deliberately
withheld independent eye witness to the occurrence. In any event, the
only accusation against the applicant is that of instigating the co-
accused Amir to draw out the weapon and stab the deceased.;
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