Firoz Mohamad Mulani v. The State Of Maharashtra
916-APPA-1319-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE CRIMINAL BAIL APPLICATION NO.1319 OF 2016 IN CRIMINAL APPEAL NO.698 OF 2016 Shri Firoz Mohamad Mulani ...
Applicant V/s.
The State of Maharashtra ...
Respondent .....
Mr. S.P.Kadam, Advocate for the Applicant.
Mr. A.R.Kapadnis, APP for the Respondent/State. ....
CORAM :
P. N. DESHMUKH J.
DATED :
OCTOBER 26, 2016.
P.C.
Issue notice to Respondent. Learned APP waives notice on behalf of State. This is an application for grant of bail. Learned counsel for applicant submitted that applicant was charged for the offence punishable under Sections 306 and 498A of IPC and is convicted to undergo RI for a period of three years for the offence punishable under Section 498A of IPC and is acquitted of the offence punishable under Section 306 of IPC. From evidence, it is pointed out that prior to incident, there was no complaint of ill treatment to deceased at the hands of applicant- her husband and has submitted that from the evidence of Doctor who is examined as defence witness, it has come on record that prior to incident, deceased was having history of mood of sadness, attacks with loss of consciousness, lockjaw, lack of sleep and Shivgan 1/2
916-APPA-1319-2016 suicidal tendency.
Having considered evidence as aforesaid and as applicant is found convicted for short sentence under Section 498A of IPC and was on bail pending trial, application is allowed as per order below: (1) Applicant shall be released on bail on his executing P.R.Bond in the sum of Rs.20,000/- with one surety in the like amount.
(2) Applicant shall mark his presence with Faujdar Chawadi Police Station, Solapur once in three months, on the first day of such month, pending appeal.
(3) Applicant shall produce proof of his residence to the Investigating Officer and update change in address, if any, in future, to the concerned police station.
Application stands disposed of as allowed.
(P. N. DESHMUKH J.) Shivgan 2/2