Bombay High CourtABA/1654/2017others disposed off

Shaikh Rashid Abdul Rahim And ORS v. The State Of Maharashtra

2017-10-03Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 aba.1654-2017.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO.1654 OF 2017 Shaikh Rashid Abdul Rahim & Ors. Vs. The State of Maharashtra WITH CRIMINAL APPLICATION NO.911 OF 2017 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. R.N. Gite for Applicant.

Mr. Prashant Jadhav APP for State.

Mr. G.C. Jhaveri i/b M.N. Sandhyanshiv for Intervener. CORAM : A.S. GADKARI, J.

DATE : 3rd October 2017.

P.C.:

1] By a reasoned Order dated 19th September 2017, the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates. 2] Perused the papers of investigation. As noted earlier that the applicants have not played any major role in the present crime and the major role has been played by the co-accused Shaharukh Shaikh and Amir Shaikh who have already been arrested by the police. At the most it can be said that the applicants supported the said two co-accused persons in execution of the Nikahnama/Talaknama.

Dond 2/2 aba.1654-2017.sxw 3] After perusing the record of investigation, this Court is of the view that, for the purpose of further investigation of the present crime, the custodial interrogation of the applicants is not necessary.

4] In view thereof, interim relief granted by an Order dated 19th September 2017 is hereby confirmed.

However, the condition to attend the Investigating Officer is hereby waived. 5] Application is allowed in the aforesaid terms. 6] Since the anticipatory bail application is allowed, the Intervention Application No.911 of 2017 does not survive and the same is disposed off. (A.S. GADKARI, J.)