Shaikh Fatima Abubakar Shaikh v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.42 OF 2020 Shaikh Fatima Abubkar Shaikh Applicant

Versus

The State of Maharashtra Respondent Mr. S.G. Shinde, Advocate for the applicant.

Mr. S.J. Salgare, APP for the State.

CORAM : M.G. Sewlikar, J.

DATE : 29th January, 2021.

PER COURT :

1.

Heard Shri Shinde, learned counsel for the applicant and Shri Salgare, learned APP for the State.

2.

The allegations in the First Information Report are that the informant was deployed at Kartiki Signal. At that time, applicant and her two male associates came there and confronted the informant as to why he had questioned her children about not wearing the helmet. She caught hold of the informant by collar. This incident took place on 19.11.2019. The First Information Report was lodged on the same day.

3.

Learned counsel Shri Shinde submitted that bare

- 2 - perusal of the First Information Report shows that the custodial interrogation of the applicant is not necessary, more particularly, when charge-sheet is fled.

4.

Learned APP Shri Salgare submitted that the offence is serious in nature. The applicant had used force against the informant on trivial ground of questioning her children by the informant for not wearing the helmet. He submitted that assault on the police offcer by the general public is increasing. If applicant is released on anticipatory bail, it will send a wrong message in the society.

5.

On perusal of the First Information Report, it seems that the only allegation is that the applicant used criminal force against the informant by holding his collar. Charge-sheet is fled. Therefore, custodial interrogation of the applicant does not seem to be necessary. In view of this, interim protection is confrmed on the same terms and conditions. Application is disposed of accordingly. ( M. G. SEWLIKAR ) JUDGE dyb