SHAIKH SARTAJ @ AJJI DADA S/O. SHAIKH NASIR Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-9-60
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on September 16,2020

Shaikh Sartaj @ Ajji Dada S/O. Shaikh Nasir Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

V.K.JADHAV, J. - (1.) Heard learned counsel for the applicant in Criminal Application No. 1515 of 2020. For the reasons stated in the application, the same is allowed in terms of prayer clause "A" and disposed off accordingly.
(2.) The applicant is under trial prisoner in connection with crime no. 302 of 2017 (Sessions Case No. 280 of 2018). The applicant had filed application Exhibit 87 seeking temporary bail in terms of the guidelines issued time to time by the High Power Committee. The said application came to be rejected by the Additional Sessions Judge, Aurangabad by order dated 01.06.2020.
(3.) Learned counsel for the applicant submits that the prosecution case entirely rests upon circumstantial evidence and there is no direct evidence in this case. In addition to this, the prosecution alleges that the applicant is a contract killer and the prosecution mainly relies upon two circumstances. Firstly, there is recovery of a metallic iron pipe at the instance of the applicant and as per the C.A. report, the recovered metallic iron pipe is similar to that of the metallic iron pipe found near the spot. Secondly, there is call detail record indicating that the applicant remained in touch with accused nos. 1 and 3. Learned counsel submits that those circumstances are not conclusive in nature. In the pandemic situation, the applicant is in jail since the year 2018. The applicant may be released on temporary bail.;


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