Akhtari Vakil Shaikh v. The State Of Maharashtra

svt 1 (16) ABA-745-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.745 OF 2018 Mrs.Akhtari Vakil Shaikh ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr.Nilesh Pande i/b Mr.Ajay Upadhyay, for the Applicant. Mr.M.G. Patil, APP for the Respondent-State.

CORAM : A. S. GADKARI, J.

DATE : 7th JUNE, 2018.

P.C.:- 1) By an order dated 17th April, 2018, the applicant was granted interim bail.

2) Heard the learned counsel for the applicant and the learned APP for the State. Perused the record. 3) It is an admitted fact on record that on 06.03.2018 i.e. on the date of incident the applicant, who is mother-in-law of the deceased Farida Shaikh was at her native place at Kasampur, Uttar Pradesh. The overt-act alleged in the present crime is attributed to brother-in-laws of the deceased namely Tehjim and Kafil. Except the 1/2

svt 2 (16) ABA-745-18.doc allegation of harassment caused by the applicant to the deceased prior to the date of the incident, no other overt-act is attributed to her in the present crime. In view thereof, the applicant is entitled to be protected by pre-arrest bail.

4) Interim relief granted by order dated 17.04.2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

5) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2