Shamim Ramzan Shaikh v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1337 OF 2019 Shamim Ramzan Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Anjali Patil, for the Applicant.

Mr.P.H.Gaikwad, A.P.P for the Respondent - State. PSI - Nayakavadi, Mahim Police Station, Mumbai. CORAM : REVATI MOHITE DERE, J.

DATE : 25th JUNE, 2019 P.C. :

1.

Heard learned Counsel for the applicant.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.128 of 2019, registered with the Mahim Police Station, Mumbai, for the alleged offences punishable under Sections 143, 149, 326, 452, 324, 509, 427, 504 and 506 of the Indian Penal Code.

2/3 3.

Perused the papers. According to the complainant - Mariam Shaikh, the incident took place on 24th April, 2019 at about 10 p.m. She has stated that in the said incident, one Khalid Kazi was injured, pursuant to which, the aforesaid FIR was lodged. Subsequently, Section 326 of the Indian Penal Code was added, considering the nature of injury (fracture of the rib), sustained by Khalid Kazi. The role ascribed to the applicant is that she was standing and threatening. No overt act has been attributed to the applicant.

4.

In the facts, custodial interrogation of the applicant is not necessary. The application is accordingly 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.20,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station on 2nd July, 2019 and 3rd July, 2019, between

3/3 10.00 a.m. to 1.00 p.m, till the filing of the charge-sheet; (iii) The applicant shall not contact the complainant, witnesses or any person concerned with the case.

(iv) The Applicant shall co-operate with the Investigating Agency. 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.