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Bombay High CourtABA/1732/2019anticipatory bail granted

Rashidha Asif Shaikh v. The State Of Maharashtra

2019-08-07Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1732 OF 2019 Rashidha Asif Shaikh ...Applicant

Versus

State of Maharashtra

...Respondent

Mr.H.G.Mukadam, for the Applicant.

Mr.P.H.Gaikwad-Patil, A.P.P for the Respondent - State. API - V.L.Kadam, Kalwa Police Station, Thane, is present. CORAM : REVATI MOHITE DERE, J.

DATE : 7th AUGUST, 2019 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.I-334 of 2018, registered with the Kalwa Police Station, Thane, for the alleged offences punishable under Sections 326, 324, 323, 504, 506 r/w 34 of the Indian Penal Code.

2/3 3.

Perused the papers. According to the complainant - Manoj Shahu (injured), the incident took place on 16th September, 2018 at about 20:30 hrs. In the incident that took place it is alleged that the applicant abused him and his wife. There is no allegation of any overt act of assault attributed to the applicant.

4.

Learned APP does not dispute the role of the applicant. 5.

Considering the aforesaid, the custodial interrogation of the applicant is not warranted. 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.10,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station on 19th August, 2019 and 20th August, 2019,

3/3 between 10.00 a.m. to 12.00 noon.

(iii) The applicant shall co-operate with the Investigating Agency. 6.

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

7.

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

8.

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