← Library
Bombay High CourtABA/130/2020anticipatory bail granted

Jabin Nawaj Shaikh And ANR v. The State Of Maharashtra

2020-01-17Hon'Ble Shri Justice Prakash D. Naik2 pages

Sajakali Jamadar 1 of 2 914-ABA-130-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 130 OF 2020

1. Jabin Nawaj Shaikh

2. Sajit Salim Hundekari ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Satyavrat Joshi a/w Mr. Sunil Kamble, Advocate for the Applicants.

Smt. A. A. Takalkar, APP for the State-Respondent. Mr. P.A. Gaikwad, Police Hawaldar, Shrikapur Police Station, Present. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 17th January, 2020 PC :

1.

The applicants had preferred an application for anticipatory bail before the Sessions Court in connection with C.R. No. 5 of 2020 registered with Shikrapur Police Station, Pune Rural for offences punishable under Sections 306, 504, 506 r/w Section 34 of Indian Penal Code.

2.

By order dated 9th January, 2020 the learned Special Judge had declined to grant interim protection to the applicants. However, the other accused were granted interim protection. The order further indicates that the accused-applicants were directed to remain present before the Court till the disposal of the main application. 3.

Learned Counsel for the applicants submits that, in the event

Sajakali Jamadar 2 of 2 914-ABA-130-2020.doc the applicant remains present before the Sessions Court, there is apprehension of their arrest. It is further submitted that the applicant No.1 is pregnant lady. It is also submitted that the applicants are having similar role with other accused who were granted interim protection. The case before the Sessions Court for hearing the application is tomorrow.

4.

Considering the aforesaid circumstance, interim protection can be granted to the applicants pending their application before Sessions Court.

O R D E R

i) In the event of arrest of applicants in C.R. No. 5 of 2020 registered with Shikrapur Police Station, Pune Rural, the applicants be released on bail on furnishing P. R. Bond in the sum of Rs.25000/-, with one or more sureties in the like amount; ii) This interim protection shall operate till the disposal of the application, pending before the Sessions Court. It is made clear that this court has not adjudicated merits of the case and the Sessions Court shall deal with the application in accordance with law.

iii) Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)