SHAHABUDDIN @ SUNNY SARFUDDIN Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-6-319
HIGH COURT OF BOMBAY
Decided on June 14,2017

Shahabuddin @ Sunny Sarfuddin Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) This is an application for bail. The applicant is arrested in connection with C.R.No.197 of 2017, registered with Charkop Police Station for the offences punishable under sections 141, 143, 147, 149, 324 and 342 of the IPC. Section 304 (II) added subsequently. The applicant was arrested on 8th May, 2017 and since then he is in police custody.
(2.) The case of the prosecution is that there was a quarrel between the applicant and the co-accused and the victim and his associates. The applicant allegedly assaulted the victim with belt. After the incident of assault the deceased and his associates ran away from the place of incident, on a motorcycle. The deceased was driving the motorcycle. It is alleged that the applicant and others chased the deceased on the motorcycle. When they were chasing the deceased. The deceased who was driving his motorcycle with speed, dashed at stationary vehicle. Due to injuries on account of the accident, the deceased died. The case of the accident was registered. However, charge under Section Section 304(II) was added subsequently on the ground that the deceased was driving with speed as he was chased by accused due to which he dashed at vehicle and died.
(3.) Learned advocate for the applicant submits that the applicant is in custody since 8th May, 2017. He submitted that on reading the FIR and statement of witnesses offence punishable under Section 304(II) is not made out. It is submitted that police had initially registered the case of accident and only on the basis of the statement that the deceased was driving motorcycle with full speed, as he was chased by the accused, Section 304(II) was invoked. The learned counsel appearing for the applicant submitted that the applicant may be released on bail.;


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