Abdul Tayyab Kuresh Bahrainwal v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.88 OF 2021 Abdul Tayyab Kuresh Bahrainwala ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Girish Kulkarni i/b Mr.Aditya Mithe for the Applicant. Mr.Ajay Patil, APP for the State.

API Swaraj Patil attached to Kondhwa Police Station, Pune City present.

...

CORAM: BHARATI DANGRE, J.

DATED : 17th JULY, 2021 P.C:- 1.

On 29th January, 2021, the applicant was admitted to interim protection, in the event of his arrest, by recording the statement of the learned APP that neither the complainant nor the witnesses mentioned in the FIR by the complainant, are coming forward to assist the investigating agency for carrying out the investigation of offence being C.R.No.1057 of 2020, which invokes Sections 143, 147, 149, 380, 427, 447, 504 and 506 of the IPC.

2.

Today, the learned APP, on instructions of the Investigating Offcer, continues with the said statement and reports that there is no further progress in the investigation M.M.Salgaonkar

2/2 10 ABA-88-21.doc as the situation continue to remain the same. In such circumstances, if the complainant himself is not interested in prosecuting the case, the applicant cannot be denied the protection.

3.

Confrming the protection granted in favour of the applicant on 29th January, 2021, with a modifcation that the applicant shall attend the concerned police station as and when called for, the application stands disposed of on the same terms and conditions as enumerated in the order dated 29th January, 2021.

SMT. BHARATI DANGRE, J M.M.Salgaonkar