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Bombay High CourtABA/2269/2018others disposed off

Shabbir Asgarali Bhori And ANR v. The State Of Maharashtra

2018-12-21Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 21-aba2269.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2269 OF 2018 Shabbir Asgarali Bhori & Ors.

....Applicants.

Vs.

The State of Maharashtra ....Respondent.

Mr. Yogiraj Purwant for the Applicants.

Mr. S.S. Hulke APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 21st DECEMBER, 2018.

P.C.:- By a reasoned Order dated 31st October, 2018, the Applicants were granted interim relief and were directed to attend the concerned police station on stipulated dates. Heard the learned counsel appearing for the Applicants and the learned APP. Perused the record of investigation. It appears from the record that, the Applicants were accosted by the employees of the Electricity Department, when they were found tampering/interfering with the electricity meter. In short, the case of the prosecution is that, they attempted to commit theft of the electricity.

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ssm 2 21-aba2269.18.doc The record further indicates that, in pursuance of the Order dated 31st October, 2018, the Applicants have attended the Investigating Officer and have joined the process of investigation. In view of the allegations made against the Applicants and the facts involved in the present case and the Applicants are entitled to be protected by pre-arrest bail.

Interim relief granted by an Order dated 31st October, 2018 is hereby confirmed. However, the condition to attend the Investigating Officer/concerned police station is waived. Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2