Mohammed Haseeb Sher Hausal Khan v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.332 OF 2015 IN CRIMINAL BAIL APPLICATION NO.830 OF 2014 Mohammed Haseeb Sher Hausal Khan ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.Mandar Goswami, for the Applicant.

Mr.Y.M.Nakhwa, APP for the Respondent - State. CORAM :

REVATI MOHITE DERE, J.

DATED :

10th APRIL, 2015.

P.C.

1.

Heard learned counsel for the Applicant and the learned APP for the Respondent - State.

2.

By this application, the applicant prays that he may be permitted to attend the meeting of Bhiwandi Nizampur Municipal Corporation to be held on 13th April, 2015, under Police Escort. 3.

Learned Counsel for the applicant submitted that previously also, vide order dated 8th December, 2014, passed by this Court (Coram:Smt.Sadhana S. Jadhav,J.) in Criminal Application No.800 of

2/3 2014 in Criminal Bail Application No.830 of 2014, the applicant was permitted to attend the meeting of the Bhiwandi Nizampur Municipal Corporation under Police Escort. He submitted that the applicant is a Corporator of the said Bhiwandi Nizampur Municipal Corporation, having been elected from Ward No.20-B and that the applicant intends to attend the meeting, in order to cast his vote in the aforesaid meeting. It appears that the applicant was arrested in connection with C.R.No.404 of 2013, registered with the Shanti Nagar Police Station, Bhiwandi, for the alleged offences punishable under Sections 302, 325, 504, 143, 147, 148, 149 r/w 34 of the Indian Penal Code. It also appears that the applicant's application for bail has been rejected on merits. 4.

Learned APP does not dispute the fact that there is a meeting of Bhiwandi Nizampur Municipal Corporation, which is scheduled to be held on 13th April, 2015.

5.

Accordingly, for the reasons set out in the application, the application is disposed of on the following terms : -

ORDER

(i) The applicant is permitted to attend the meeting of

3/3 Bhiwandi Nizampur Municipal Corporation, which is scheduled to be held on 13th April, 2015, under Police Escort ;

(ii) The charges of the escort shall be borne by the applicant, as per the Rules ;

(iii) The applicant shall be taken back to the Central Jail, Thane, where he is presently lodged, immediately after the meeting of Bhiwandi Nizampur Municipal Corporation, is over.

(iv) All concerned shall act in consonance with this order and ensure compliance therewith ;

(v) Learned APP undertakes to inform the jail authorities about the order passed by this Court.

6.

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