Nurunisa W/O Naseeb Baig And ANR v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 322 OF 2017 1.

Nurunisa w/o. Naseeb Baig, Age: 52 years, Occu: Household 2.

Shahin w/o Raees Baig, Age: 30 years, Occu: Household, Both R/o Ekta Nagar, Jatwada Road, Aurangabad ..APPLICANTS

VERSUS

The State of Maharashtra, Through Begampura Police Station, Tq. & Dist. Aurangabad ..RESPONDENT Mr Mangesh R. Jadhav, Advocate for applicants; Mr V. S. Badakh, Addl. Public Prosecutor for respondent; Mr N. S. Ghanekar, Advocate to assist Addl. Public Prosecutor CORAM : N. W. SAMBRE, J.

DATE : 10th February, 2017 ORAL ORDER Heard.

2.

By this application under Section 438 of the Code of Criminal Procedure, the applicants seek their release on bail, in connection with C.R. No.297 of 2016, registered with Begampura police station, Tq. and District Aurangabad, for offences punishable under Sections 498-A, 306, 323, 504, 506 read with Section 34 of the Indian Penal Code.

(2) 3.

This Court, by an order dated 31st January, 2017 had called report from the Senior Officer of the police department, in the matter of investigation.

4.

Perused the report and other material available on record. The investigation carried out till date appears to be satisfactory. It is required to be noted that based on the investigation carried out till date, there is hardly any material to connect the present applicants with the crime in question. As such, there custodial interrogation is not warranted. 5.

In view thereof, the application needs to be granted. Hence, following order:- In the event of arrest of the applicants, in connection with C.R. No.297 of 2016, registered with Begampura police station, Tq. and District Aurangabad, for offences punishable under Sections 498-A, 306, 323, 504, 506 read with Section 34 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.15,000/- with one or two sureties for the like amount.

The applicants shall attend the Investigating Officer on 17th February, 2017, between 10.00 a.m. and 12.00 noon and thereafter as and when directed.

(3) The applicants shall not take any steps to influence the prosecution witnesses or tamper with evidence.

Criminal Application stands allowed in above terms. (N. W. SAMBRE, J.) amj