Mannan Abdul Haque v. The State Of Maharashtra

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 339 OF 2020 Mannan Abdul Haque .Applicant ...

v/s.

The State of Maharashtra .Respondent ...

**** Mr. Pramod Pandey, Advocate for the applicant. Ms. P.P. Shinde, APP for the State.

CORAM : SANDEEP K. SHINDE, J.

Wednesday, 12 February, 2020.

P.C. :

1.

Heard.

2.

Kursheed and Salman, co-accused, who have been attributed major role in Crime No. 866 of 2019 registered with Powai Police Station for the offences punishable under Sections 448, 451, 354, 506(2), 323 and 504 read with Section 34 of the Indian Penal Code were arrested and released by the learned Metropolitan Magistrate vide order dated 31 st December, 2019. The complaint does not

2/3 prima-facie disclose or attributes overt act to the applicant. Besides, injury certificate has not been produced. Additionally, it cannot be overlooked that the person whom the applicant and the co-accused had allegedly assaulted, was externed from the limits of Bombay by the Competent Authority. In view of the nature of accusation and since no role has been attributed to the applicant, the prosecution could not satisfy as to why his custodial interrogation is required.

3.

That for the reasons stated, the Bail Application is granted and hence the following order :

4.

In the event of arrest of the applicant in Crime No. 866 of 2019 registered with Powai Police Station, he shall be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like sum.

5.

The applicant shall report to the

3/3 Investigating Officer on 17 th February and 2 nd and th March, 2020 between 11 to 1 p.m. and thereafter once in a month on Monday of first week till the charge is framed.

6.

The applicant shall furnish the particulars of his place of residence and contact details to the Investigating Officer of the Police Station concerned within seven days from today.

7.

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

8.

It is made clear that observations made hereinabove shall be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.)