Mohd Ali Azhar Ali Shaikh v. The State Of Maharashtra

1 /2ABA-2203-16-14 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2203 OF 2016 Mohd. Ali Azhar Ali Shaikh vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.H.Chari for the applicant.

Mrs.P.P.Shinde, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 17th April, 2017 P.C.

1) By an order dated 14.3.2017 the applicant was granted interim relief.

2) It is the prosecution case that under the pretext of marriage or by giving promise to marry the applicant established physical relationship with the first informant and subsequently resiled from his promise. It is also the prosecution case that due to the relations between the applicant and the first informant, the complainant was pregnant and the applicant forced her to perform medical termination. After perusing the first information report and other documents prima facie it appears that the first informant was a consenting party to the alleged act as

2 /2ABA-2203-16-14 contemplated under section 376 and 313 of the Indian Penal Code. In view thereof, the applicant can be protected by way of pre-arrest bail.

3) Interim relief granted by an order dated 14.3.2017 is hereby confirmed.

However, the applicant is directed to attend the concerned police station as and when called for between 11.00 a.m. to 1.00 p.m. and to join the process of investigation till the submission of the charge sheet. 4) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)