Iqbal @ Irfan @ Lalu Kasam Shelot v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.966 OF 2017 Iqbal @Irfan @Lalu Kasam Shelot ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.N.K.Singh i/b Singh & Associates, for the Applicant Mr.R.M.Pethe, A.P.P for the Respondent-State. PSI - Jadhav, Dahisar Police Station, Mumbai. CORAM : REVATI MOHITE DERE, J.

DATE : 11th SEPTEMBER, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No.136 of 2017 registered with the Dahisar Police Station, Mumbai, alleged offences punishable under Sections 353, 379, 141, 142, 143, 145, 146, 147, 149 of the Indian Penal Code r/w Section 33 r/w 131, Section 38 r/w 136 of Maharashtra Police Act, r/w Section 135 of Indian Electricity Act, r/w Sections 15 and 19 of the Environment (Protection) Act.

2/3 3.

Perused the papers. It appears that the co-accused were celebrating the applicant's birthday and were playing loud music and were dancing and causing obstruction to the traffic. The accused were also allegedly burning fire crackers. It appears that there was no permission to conduct the said celebration and hence the police intervened and questioned the accused as to whether they had obtained any permission. According to the prosecution, the accused obstructed the police from discharging their duty. Some of the co-accused were arrested and were granted Regular Bail. Admittedly, no overt act has been attributed to the applicant.

4.

Considering the nature of allegations, custodial interrogation of the applicant is not required. Accordingly the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in the like amount ;

3/3 (ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called, till the filing of the charge-sheet or for a period of three months from today, whichever is earlier.

5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

6.

It is made clear, that the observations made herein are prima facie and are confined to this application.

7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)