IN THE HON’BLE COURT OF DISTRICT & SESSIONS COURT,

PUNE, AT PUNE

Session Case No. 546/2021

SAHIL GULAB SHAIKH ….. Applicant

V/s.

STATE OF MAHARASHTRA .…Complainant

(Through Nigdi P.stn.)

HUM’BLE SUCCESSIVE APPLICATION FOR

BAIL UNDER SEC. 439 OF CR.P.C IN
CONNECTION WITH AN OFFENCE
REGISTERED AT NIGDI POLICE STATION
VIDE C.R. NO. 197/2021, OFFENCE U/SEC.
302, 307, 324, 141, 143, 148 AND 149,
120(B) AND 201 OF THE INDIAN PENAL
CODE, U/SEC. 3, 7 OF CRIMINAL
AMENDMENT ACT AND U/SEC. 37(1)(3)
R/W. 135 OF THE MAHARASHTRA POLICE
ACT

MAY IT PLEASE YOUR HONOUR:­

The present Applicant/Accused above named

SAHIL GULAB SHAIKH at present languishing at Yerwada

Central Prison most respectfully begs to state as under: ­

1. The Applicant/Accused above named was arrested on 21­

04­2021 in connection with an offence registered at Nigdi

police Station vide C.R. No. 197/2021. Thereafter accused

 was produced before Ld. J.M.F.C. The present applicant

was remanded to police and magisterial custody from time

to time and at present he is in magisterial custody at the

Yerwada Central Prison, Pune.

2. That the prosecution story in nutshell is as under :­

 On the basis of the complaint lodged by Shriram

Prakash Kamble, the brother of deceased

Shaktiman. As per the complaint, the informant is

the eye­witness. As per complaint, the

applicant/accused namely Sahil Gulab Shaikh

alongwith co­accused had assaulted deceased

Shaktiman by means of sticks by chasing him. When

he fell down, co­accused Gudghi @ Sanya had

assaulted on the head of Shaktiman by means a

cement block causing severe injury due to which

Shaktiman died.

 With this alleged set of facts an offence came to be

registered with Nigdi Police Station and Accused

came to be arrested by same Police Station.

3. That the earlier bail application of present applicant was

rejected by this Hon’ble court by order dated 22/11/2021.

4. That the Hon’ble High Court was pleased to grant regular bail

to other co­accused namely Yogesh @ Kidkya Shahaji Doifode

by order dated 04/09/2023.

5. That Applicant has not committed any offence but he has

been implicated by the Complainant with ulterior motive and

hence the Applicant approaching this Hon'ble court for

release him on bail on the following amongst other grounds

thereto.

6. Accused therefore prays that the application for grant of bail

of Accused may kindly be granted on the following amongst

and all other grounds which will come ahead during the

argument.

7. That there is no other application pending before any other

court of present Applicant regarding the present subject

matter.

GROUNDS

A. The Applicant is innocent and has not committed any

offence much less than the offence under Sections 302,

307, 324, 141, 143, 148 and 149, 120(b) and 201 of the

Indian Penal Code, under Section 3, 7 of Criminal

Amendment Act and under Section 37(1)(3) r/w. 135 of the

Maharashtra Police Act. There is no conviction towards

 there discredit. The Applicant has his in society therefore,

there is no chance of he being absconding or misusing the

liberty if granted bail by this Hon’ble Court.

B. That after completion of investigation, chargesheet came

to be filed in this Hon’ble Court.

C. That since last 2 years, no witness has been examined and

it might take more reasonable time to complete the trial.

That no useful purpose will be served by detaining the

applicant in custody.

D. That there is no substantial recovery or discovery from

the present applicant.

E. That the Applicant / Accused is having family members

and he is only earning member in his family and the

applicant is behind bars for more than 2 years.

F. That the Applicant undertakes that, he will abide all

the conditions, imposed by this Hon'ble Court while

releasing on bail.

G. That the Applicant/Accused is ready and willing to furnish

surety to the satisfaction of this Hon’ble Court.

H. That the Applicant/Accused undertakes that he will not

tamper with the prosecution witnesses and he will not

abuse the process of law in any manner.

 I. That the Accused/Applicant is permanent resident of

aforesaid address. He is deeply rooted in the society.

Hence chances of absconding are very remote.

J. FOR THE GROUNDS STATED ABOVE AND ADDITIONAL

GROUNDS WHICH WILL BE ARGUED AT THE TIME OF
HEARING OF THIS APPLICATION,

IT IS THEREFORE PRAYED THAT –

a. Application may kindly and graciously be allowed.

b. Applicant may kindly be released on bail on such terms as

Hon’ble Court deems to be fit owing to the wide discretionary

powers vested with this Hon’ble Court.

c. Any other order in the interest of justice be kindly be passed.

Pune

Date – / /2023 ADVOCATE FOR ACCUSED