Afroz Abdul Rehman Lambe v. State Of Maharashtra

9 aba 732-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 732 OF 2022 Afroz Abdul Rehman Lambe ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. S.K.Ali i/b. A.A.Siddiquie and Associates for the Applicant. Mr. M.G.Patil, APP for the State.

API Shivshankar Bhosale from Malvani Police Stn. CORAM : ANUJA PRABHUDESSAI,J.

DATED : 21st MARCH, 2022.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid Applicant seeking pre-arrest bail in C.R.No.122 of 2022 registered with Malvani Police Station for the offences under Section 452, 324, 504, 506 r/w. 34 of IPC.

2.

The aforesaid crime was registered pursuant to the complaint lodged by Munaf Abdul Rehman Lambe, brother of the Applicant. 3.

Heard Mr. Ali, the learned Counsel for the Applicant and Shri Patil, the learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

4.

The material on record prima facie indicates that there is family dispute which has resulted in lodging the said FIR. Having gone pps

9 aba 732-22.doc through the records and considering the nature of the accusation as well as the material in support thereof, in my considered view this is not a case for custodial interrogation. Hence the application is allowed on the following terms and conditions:

(i) In the event of arrest of the Applicant abovenamed, in Crime No.122 of 2022 of Malvani Police Station, the Applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) with one or two solvent sureties in the like amount, to the satisfaction of the Investigation Officer. (ii) The Applicant shall report to the Investigating Officer for four days from 28th March, 2022 from 11.00 a.m. to 2.00 p.m. and further as and when required by the Investigating Officer for the purpose of investigation and interrogation.

(iii) The Applicant shall provide his permanent as well as temporary address, if any, and his contact details to the Investigating Officer. (iv) The Applicant shall not change his residential address without prior intimation to the Investigation Officer. (v) The Applicant shall not interfere with the complainant and the other witnesses in any manner.

by PRASANNA P SALGAONKAR Date:

2022.03.25 17:48:22 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.) pps