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Bombay High CourtABA/52/2021admittedallowedgrantedrule absolute

Sofiyan Naim Shaikh v. The State Of Maharashtra

2021-03-18Hon'Ble Shri Justice R. G. Avachat3 pages

26-ABA-52-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.52 OF 2021 Sofiyan s/o. Naim Shaikh ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.R.G.Hange, Advocate for applicant Ms.R.P.Gaur, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : MARCH 18, 2021 ORDER :- Apprehending arrest in connection with Crime No.216 of 2020 registered on 18.09.2020 with Beed City Police Station, Beed, for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and Sections 4 and 27 of the Arms Act, the applicant has filed this application under Section 438 of the Code of Criminal Procedure.

2.

Heard. Perused the First Information Report (FIR) and the papers of investigation.

3.

The applicant is alleged to have assaulted the informant with sword. It appears that the informant

26-ABA-52-2021 himself has filed an affidavit before the Sessions Court, stating to have settled the matter since the relationship between the two is of cousin.

4.

Learned APP has strongly objected to grant bail to the applicant only on the basis of the affidavit filed by the informant before the Sessions Court.

5.

Considering the submissions made on behalf of both sides, I am inclined to grant the applicant pre-arrest bail.

6.

In view of the above, the application is allowed in terms of the following order:- (i) In the event of arrest of the applicant in connection with Crime No.216 of 2020 registered on 18.09.2020 with Beed City Police Station, Beed, for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and Sections 4 and 27 of the Arms Act, the applicant be released on

26-ABA-52-2021 executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (ii) The applicant shall appear before the Investigating Officer as and when required for the purpose of investigation.

(iii) The applicant shall not tamper with the prosecution evidence in any manner.

[R.G. AVACHAT, J.] kbp