Syed Sohel S/O Syed Kausar v. The State Of Maharashtra

Cri.Appln.373/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.373 OF 2016 Syed Sohel s/o Syed Kausar, Age 18 years, Occu. Nil (ailing)/ Student, r/o Malipura, Old Jalna, District Jalna ..Applicant

Versus

The State of Maharashtra through Police Inspector, Kadim Jalna Police Station, District Jalna ..Respondent Mr S.E. Siddiqui, Advocate for applicant Mr A.S. Shinde, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 28th January 2016 PER COURT Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.175 of 2015 registered at Kadim Jalna Police Station, District Jalna, for the offences punishable under Sections 363, 366 read with sec.34 of Indian Penal Code.

3.

Learned Counsel for the applicant, while making out a case for grant of pre-arrest bail would urge that the applicant suffers from serious brain deformity and as such, there is hardly any likelihood that he will run away from the Court process. He would then urge that the custodial interrogation of the applicant is not necessary. 4.

Learned A.P.P. opposed the application on the ground that there is prima facie involvement of the applicant in the crime in question.

Cri.Appln.373/2016 5.

Perused the investigation papers, which depict that there is sufficient evidence, which reflects involvement of the applicant in commission of crime in question. There are total three eye witnesses to the incident, who have named the present applicant. 6.

Apart from above, the fact remains that the applicant remained absconded till date.

7.

In view of above background, no case for grant of pre-arrest bail is made out. Application fails, stands rejected. ( N.W. SAMBRE, J.) vvr