SHAIKH SARTAJ @ AJJI DADA S/O. SHAIKH NASIR Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Shaikh Sartaj @ Ajji Dada S/O. Shaikh Nasir
STATE OF MAHARASHTRA
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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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