Eliyaas Sipahi Sheikh And ORS v. The State Of Maharashtra

18 aba 2096-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2096 OF 2017 Eliyaas Sipahi Sheikh & Ors.

... Applicants V/s.

The State of Maharashtra ... Respondent ----- Mr. Silvin Kale for the Applicant.

Mrs. J.S. Lohokare, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 1st FEBRUARY, 2018 P.C.:

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By an Order dated 29.11.2017 the Applicants were granted interim relief and were directed to attend the concerned Investigating Officer, to join the process of investigation.

Perused the record of investigation.

The first information report is lodged by Jamil Ishaq Shaikh, nephew of Applicant No.1. It is the allegation in brief against the Applicants that the Applicants forcibly entered into the residential premises of the first informant which is allegedly belong to father of first informant and refused to vacate the said premises. That the Applicants also assaulted the mother of first informant and administered threats of dire consequence. Bare perusal of the record indicates that it is the dispute between two Sneha Chavan 1/2

18 aba 2096-17=.doc groups of family members over the possession of said residential premises involved in the present crime. The record further indicates that the investigation of the present crime is practically completed and therefore, custodial interrogation of the Applicants for further investigation of the crime is not necessary.

In view thereof, interim relief granted by an Order dated 29.11.2017 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2