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Bombay High CourtABA/2426/2022disposed off

Shadab Shabir Ali Shah And ANR v. State Of Maharashtra

2022-09-07Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 21 ABA-2426-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2426 OF 2022 Shadab Shabir Ali Shah & Anr.

..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Mr.Keshav Chavan i/b Mr.Ganesh Rangayya for the Applicants. Mr.S.H.Yadav, A.P.P. for the State/Respondent. API Avdhut Shivaji Bankar, attached to Wadala T.T.Police Station, present.

...

CORAM: BHARATI DANGRE, J.

DATED : 07th SEPTEMBER, 2022 P.C:- 1.

Learned A.P.P., on instructions of the Investigating Officer who is present in the Court, states that there is no case against the applicants to meet out the ingredients of Section 326 of IPC. It is also stated that at the time of filing of the charge-sheet, necessary rectification shall be carried out. The applicants, thus now face accusations under Sections 324, 506 read with Section 34 of IPC in C.R.No.396 of 2021 registered with Wadala T.T.Police Station. Looking to the nature of accusations and when Section 326 of IPC is not M.M.Salgaonkar

2/2 21 ABA-2426-22.doc attracted, the applicants deserve protection from arrest, subject to the stipulation that they shall render co-operation to the Investigating Officer.

: ORDER :

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.396 of 2021 registered with Wadala T.T.Police Station, applicant No.1-Shadab Shabir Ali Shah and applicant No.2-Imran Jabir Ali Shah shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- each, with one or two sureties in the like amount. (c) The applicants shall report to the concerned police station on 20th and 21st September, 2022 between 2.00 p.m. and 5.00 p.m. and, thereafter, as and when called for.

(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar