Amair Shaikh S/O Shaikh Shabbeer … vs The State
27 April, 2023
Bench: Hon’ble Ashok S. Kinagi
FACTS:-
On November 15, 2021, a group of accused persons, who allegedly had previous enmity with the victim, formed an unlawful assembly and started quarreling with him. They abused him in filthy language and physically assaulted him by punching him in the chest and abdomen. When the victim’s son arrived at the scene to rescue him, the accused persons attacked him with an iron rod. Accused No.4 even assaulted the victim’s father. When the victim’s son tried to intervene, Accused No.4 stabbed him in the back with a knife, causing him to fall to the ground. The accused persons then fled the scene. The victim’s son was rushed to the hospital for treatment, but unfortunately, he passed away. The police subsequently added Section 302 of the Indian Penal Code, which pertains to murder, against the accused. Accused No.2 has filed a petition in relation to the incident. Additionally, it is alleged that Accused No.1 and others had a love affair with the victim’s brother’s daughter and had attempted to kill the victim and his family members with a knife and iron rod.
JUDGEMENT:-
The petitioner, a 10th standard student, filed a criminal petition seeking bail in connection with a case filed against him for assaulting the complainant and his son. The petitioner’s counsel argued that there are no allegations against the petitioner and that he did not use any weapons to assault the victims. The High Court Government Pleader argued that there are eyewitnesses in the case who have testified that the petitioner assaulted the complainant and his son. After considering the submissions of both parties, the court granted bail to the petitioner on a personal bond of Rs. 2,00,000 with two sureties for the like-sum. The court also imposed certain conditions such as the petitioner should not tamper with prosecution witnesses, appear before the jurisdictional court on all future hearing dates, and not leave the jurisdiction of the court without prior permission until the disposal of the case.
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
