Nadira Saeed Raes v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 109 OF 2016 Nadira Saeed Raes ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Momin Mohd. Farooque Nisar for the Applicant Ms. S. S. Kaushik, A.P.P for the Respondent No.1-State Ms. Rebecca Gonsalves for the Respondent No. 2 PC Mr. S. M. Dandekar from Padgha Police Station, Thane Rural, is present CORAM : REVATI MOHITE DERE, J.

MONDAY, 4 th JULY, 2016 P.C. :

1.

Heard learned Counsel for the applicant.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. I-202 of 2015 registered with the Padgha Police Station, Bhiwandi, for the alleged offences punishable under Sections 302, 307, 324, 326, 504, 506 and 34 of the Indian Penal Code. 1/3

3.

According to the prosecution, the allegation qua the applicant is that she was instigating the co-accused to assault the complainant's family. It is also alleged that the applicant was pelting stones in the direction of the complainant's family.

4.

Learned Counsel for the applicant states that charge-sheet has been filed in the said case and that pursuant to the interim order granted by this Court, the applicant has been enlarged on bail. 5.

Learned Counsel for the respondent No. 2/original complainant does not dispute the fact, that charge-sheet is filed in the said case. 6.

Considering the role of the applicant and the fact that chargesheet is filed, the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

2/3

(ii) The applicant shall report to the concerned Police Station on the first Saturday of every month from 10:00 a.m. to 11:00 a.m. for a period of 12 months from today;

(iii) The applicant shall not tamper with the evidence, attempt to influence or contact the complainant, witnesses or any person concerned with the case.

(iv) The applicant shall attend the trial Court and cooperate in the conduct of the trial.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

3/3