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Bombay High CourtABA/2488/2023disposed off

Javeed Majjid Killedar v. State Of Maharashtra

2023-09-04Hon'Ble Shri Justice N. J. Jamadar2 pages

2023:BHC-AS:25714 19 aba 2488 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2488 OF 2023 Javeed Majjid Killedar ...

Applicant versus The State of Maharashtra ...

Respondent Mr. Ganesh Gole i/by Mr. Ateet Shirodkar for Applicant. Mrs Ashwini Takalkar, APP for State.

Mr. Rohan P. Patil, PSI Shivajinagar Police Station, present.

CORAM:

N.J.JAMADAR, J.

DATE :

4 SEPTEMBER 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

This application is preferred for pre-arrest bail in connection with C.R.No.330 of 2023 registered with Shivaji Nagar Police Station, Ichalkaranji, for the offences punishable under Section 498-A, 354-A, 452, 406, 327, 504, 506, 427, 436, 143, 147, 149 of the Indian Penal Code and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman Aghori Practices and Black Magic Act, 2013.

3.

The learned Counsel for the Applicant submits that the genesis of the alleged offences is in the matrimonial dispute between the first informant and her husband.

4.

By an order dated 27 July 2023, the husband and in-laws of the first SSP 1/2

19 aba 2488 of 2023.doc informant have been granted interim protection by this Court. 5.

I have perused the allegations in the FIR. The indictment against the applicant is that he had an amulate and certain articles to free the first informant of alleged evil spirit. Having regard to the aforesaid nature of the accusation against the applicant, the custodial interrogation of the applicant does not seem warranted to facilitate further investigation. The offences appear to have their genesis in the matrimonial dispute between the first informant and her husband and in-laws. They have been granted interim protection by an order dated 27 July 2023. 6.

In view of the above, in the event of the arrest of the Applicant - Javeed Majjid Killedar in connection with C.R.No.330 of 2023 registered with Shivaji Nagar Police Station, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount. 7.

The Applicant shall co-operate with the investigation and report to the Shivaji Nagar Police Station, Ichalkaranji on every alternate Sunday from 10.00 a.m. to 12.00 for a period of one month.

8.

The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses and the persons acquainted with the facts of the case.

9.

The application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2