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Bombay High CourtABA/730/2016anticipatory bail granted

Naeemuddin Shamshuddin Khan v. The Sr Police Inspector And ANR

2016-09-21Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 aba.730-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO. 730 OF 2016 WITH APPP NO. 396 OF 2016 Naeemuddin Shamshuddin Khan Vs. The Sr. Police Inspector & Anr. ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. M.A. Shaikh for applicant.

Ms. J.S. Lohakare APP for State.

CORAM : A.S. GADKARI, J.

DATE : 21st September 2016.

1) By an Order dated 22.4.2016, the applicant was granted interim relief. The role attributed to the present applicant in the present crime is that, the applicant assaulted the complainant/informant on his leg with a hockey stick. 2) I have perused the injury certificate produced by the Investigating Agency from which it appears that the injury caused on the complainant's left leg lower portion is simple in nature. The learned counsel for the applicant submitted that the principal accused namely Naseem Bandu Shaikh has been granted pre-arrest bail by this Court by Order dated 16.4.2016. The role attributed to the present applicant in comparison with accused Naseem Bandu Shaikh is lesser in nature. In view of the same, the applicant has made out a case for pre-arrest bail.

Dond 2/2 aba.730-2016.sxw 3) Hence the following Order:

(i) In the event of arrest, the applicant/accused be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

(ii) The applicant shall not tamper with the evidence; (iii) The applicant shall not pressurize the complainant or his family members; (iv) The applicant shall not indulge into any criminal activity while on bail; (v) The applicant shall cooperate with the Investigating Officer and shall attend the concerned police station as and when called by the police till filing of the chargesheet.

4) Application is allowed in the aforesaid terms. 5) Since the Anticipatory Bail application No.730 of 2016 is allowed, the Criminal Application No.396 of 2016 does not survive and the same is also disposed off.

(A.S. GADKARI, J.)