Mariya Faizan Ahamed Shaikh Qureshi v. The State Of Maharashtra

aba.970-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 970 OF 2017 Mariya Faizan Ahmed Shaikh-Qureshi ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents ----- Mr. Omkar Nagvekar i/b R.R. Parmane for applicant. Ms. P.N. Dabholkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 10th JANUARY 2018.

P.C.:

1] By a reasoned Order dated 7 th June 2017 the applicant was granted interim relief with a direction to attend the Investigating Officer on stipulated dates and to join the process of investigation. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

3] The applicant is the wife of principal accused Faizan Ahmed Shaikh. It is the allegation against the applicant that, she assaulted the first informant with fist and kick blows in the fight in question. That the role of assault with a knife and iron rod is attributed to the principal accused 1/2

aba.970-2017.doc Faizan Shaikh Qureshi and Bilal Shaikh Qureshi respectively. Prima facie it appears that apart from the said alleged overtact attributed to the applicant, she has no role to play in the present crime. The record further indicates that as per directions issued by this Court, the applicant has attended the concerned Police Station and has joined in the process of investigation.

4] After taking into consideration the record, this Court is of the view that the custodial interrogation of the applicant for further investigation of the present crime is not necessary. In view thereof, interim relief granted by an Order dated 7 th June 2017 is confirmed. However, the condition to attend the Investigating Officer is hereby waived.

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