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Bombay High CourtABA/514/2015others disposed off

Sameer Alimiya Vasgare v. The State Of Maharashtra

2015-04-10Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Vidya Amin CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 513 OF 2015 Naim Nisar Umalkar ... Applicant Vs.

The State of Maharashtra ... Respondent ANTICIPATORY BAIL APPLICATION NO. 514 OF 2015 Sameer Alimiya Vasgare ... Applicant Vs.

The State of Maharashtra ... Respondent ANTICIPATORY BAIL APPLICATION NO. 515 OF 2015 Arshad Abdul Razak ... Applicant Vs.

The State of Maharashtra ... Respondent ANTICIPATORY BAIL APPLICATION NO. 516 OF 2015 Sarfaraz Abdul Razak ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Rajendra Sorankar, Advocate for the Applicants in all the matters. Mr. S.S. Pednekar, APP for the Respondent/State. CORAM: MRS.MRIDULA BHATKAR, J.

DATE : 10th April, 2015 P.C.:

Not on board. Upon mentioning, taken on board. 2.

These four Applications for anticipatory bail are taken together and disposed of by a common order, as similar issue is involved in these matters.

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3.

The applicants/accused are facing the charges under sections 353, 379, 332, 179, 323, 504 and 506 r/w. 34 of the Indian Penal Code and under section 21(1)(2) of the Mines and Minerals Act, 1957 4.

These Applications are made for a limited relief for interim protection. The learned counsel for the applicants has submitted that the applicants are the transporters of three trucks of sand and the applicant in Anticipatory Bail Application No. 515 of 2015 is not a transporter but he is the brother of one of the applicant-Sarfaraz Abdul Razak and the police have taken him as the owner of the one of the trucks. He submitted that the applicants are not those who have not manhandled the Government staff and Tahsildar. The learned counsel submitted that the learned Sessions Judge did not grant interim bail. The matter is simplicitor adjourned to 15th April, 2015. Therefore, he seeks interim protection. 5.

Learned APP opposed the Application for anticipatory bail. 6.

Perused the FIR and the documents placed on record. As per the submissions of learned counsel for the applicants, the applicants are not those who have manhandled and assaulted the public servant. In view of this, interim protection is granted till 15th April, 2015 on the following terms and conditions:

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O R D E R

i) In the event of arrest, the applicants/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount; ii) The applicants shall not tamper with the evidence; iii) The applicants shall cooperate with the Investigating Officer and attend the concerned police station on 13th April, 2015 between 4 pm to 6 pm.

7.

The Applications stand disposed of on above terms. The trial Court to decide the matter on merits as early as possible. (MRS.MRIDULA BHATKAR, J.) 3 / 3