Israr @ Asrar Ataullah Ansari v. State

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1108 OF 2017 Israr @ Asrar Ataullah Ansari .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr. F.A. Ansari, Advocate for the Applicant.

Mr. M. G. Patil, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JUNE 9, 2017.

P.C. :

This is an application for bail in connection with C.R.No.I-49 of 2017, registered with Nizampura Police Station, Bhiwandi, District - Thane for the offences punishable under Sections 326, 504 and 506 read with Section 34 of the IPC. The applicant is arrested on 14th March, 2017.

It is the prosecution case that on 2nd March, 2017 there was a quarrel between the applicant and the complainant. Subsequently, all the three accused absued and assaulted the complainant. The elder brother of complainant intervened. The accused assaulted him. The applicant assaulted him by iron hammer.

rpa 2/3 Learned APP submitted that the investigation is complete and the charge-sheet has been filed. Learned counsel for the applicant submitted that in view of the filing of the charge-sheet, further custody of the applicant is not required. He stated that there are no criminal antecedents against the applicant. The offence is registered under Section 326 of the IPC. The applicant is in custody from date of arrest. Charge-sheet is filed. There are no criminal antecedents against the applicant. The trial will not commence immediately. Hence, I am inclined to grant bail to the applicant.

Hence, I pass the following order:

:: O R D E R ::

(i) The applicant is directed to be released on bail in connection with C.R.No.I-49 of 2017, registered with Nizampura Police Station, Bhiwandi, District - Thane, on executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or more sureties in the like amount;

rpa 3/3 (ii) The applicant is directed to attend Nizampura Police Station, Bhiwandi, District-Thane once in a week on every Saturday between 5.00 to 7.00 p.m., till further orders;

(iii) The applicant shall not tamper with the prosecution witnesses;

(iv) Criminal Bail Application is disposed of accordingly.

(PRAKASH D. NAIK, J.)