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Bombay High CourtABA/730/2018others disposed off

Humera Shahid Qureshi v. The State Of Maharashtra

2018-06-13Hon'Ble Shri Justice A.S. Gadkari2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 730 OF 2018 Smt. Humera Shahid Shaikh ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Ms. Seema Singh i/by Mohd. Idris Javed for the Applicant. Ms. Rutuja Ambekar APP, for the Respondent-State. Mr. G.R. Waghmare for the Intervenor.

Mr. Saiprakash Channa, API Kurur Police Station, Mumbai. CORAM : A. S. GADKARI, J.

DATE : 13th JUNE, 2018.

P.C.:- By an order dated 13th April 2018, the Applicant was granted interim relief.

Heard the learned counsel appearing for the Applicant, the learned counsel for the first informant and the learned APP. Perused the record of investigation.

Applicant is the sister-in-law of the first informant. The first informant is an Advocate by profession. The allegation as against the Applicant is that, after the marriage of first informant with Zamir Qureshi on 12th April, 2014, when she started residing in the 1/2

ssm 2 24-aba730.18.sxw matrimonial house, the Applicant used to pass sarcastic comments and abused her on certain occasions. That, with a view to purchase a flat, co-accused Zamir (husband of the first informant) and the Applicant pressurized the first informant to give her gold ornaments weighing 3.5 tolas.

After perusing the first information report and other record, it prima facie appears that, the version as against the Applicant is either an exaggeration of facts or false mentioned with a view to implicate the present Applicant in crime. The first informant is an Advocate and prima facie it is difficult to believe that she would hand over the said gold ornaments weighing 3.5 tolas to her husband and the Applicant without any protest or demur.

In view of above, the Applicant is entitled to be protected by pre-arrest bail.

Interim relief granted by order dated 13th April, 2018 is hereby confirmed. However, the condition to attend the investigating Officer of the concerned Police Station is waived. Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2