Shadab Haider Mehndi v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. BAIL APPLICATION NO. 724 OF 2017 Shadab Haider Mehndi .. Applicant vs.

State of Maharashtra .. Respondent ....

Mr.Subhash Jha a/w Ms.Sanjana Pardeshi I/b Law Global for Applicant Ms.Veera Shinde APP for State.

..

CORAM : PRAKASH D. NAIK, J.

DATED :

07 July 2017.

P.C.

1.

This is an Application for bail.

2.

The applicant is arrested in connection with C.R.No.I-284 of 2016 registered with Deonar police station. The offence is registered under sections 392,397, read with 34 of IPC. 3.

It is the prosecution case that on 6.12.2016 some unknown person intercepted the Complainant and his sister. One of them was having a knife who placed the same on the neck of

RNG 2 912.724.17 the Complainant and threatened that he would be killed. Other person took out Rs.1000/- from the pocket of the Complainant and the third person snatched the purse from the hands of the sister of the Complainant. The fourth person gave a dash to the sister of the Complainant and she fell down. The robbers started running away from the place of the incident. The Applicant was apprehended on the spot.

4.

Learned Advocate for the Applicant submitted that the knife which is allegedly used is the kitchen knife. Section 397 of IPC will not be attracted. He is in custody from July 2012. The charge sheet is filed. On perusal of the documents it appears that the Applicant is allegedly involved in the commission of robbery. However, considering the fact that he is in custody from 7 December 2016 and as the charge sheet is filed, the applicant can be released on bail on certain conditions. There are no criminal antecedents against the Applicant. Hence, the following order :

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O R D E R

(i) The Applicant is directed to be released on bail on furnishing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(ii) The Applicant is also permitted to furnish cash surety in the sum of Rs.25,000/- for a period of four weeks; (iii) The Applicant is directed to report at Deonar Police Station on first Saturday of every month between 11 a.m. to 1.00 p.m.

(iv) The Applicant should not visit the residence area of the Complainant and his sister;

(v) The Applicant should not tamper with the evidence. (PRAKASH D. NAIK, J.)

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