Naeem Tattad Chotte Phelwan Qureshi v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 770 OF 2015 Naeem Tattad Chotte Phelwan Qureshi, Age : 32 years, occu. Business, R/o Bhojpura, Jalil Nasir Mohalla, Tq. and District Aligarh (U.P.) APPLICANT
VERSUS
The State of Maharashtra RESPONDENT ---- Mr. Satej S. Jadhav, Advocate for the applicant Mr. S.R. Palnitkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.
DATE : 25/03/2015 ORAL ORDER :
1.
Heard both sides.
2.
The present applicant, who is arrested by Shanipeth Police Station, District Jalgaon, in Crime No. 2/2014, registered for the offences punishable under section 395 and 363 of the Indian Penal Code, is praying for his release on bail.
3.
The applicant's earlier application for similar relief, bearing Criminal Application No. 3535/2014 was
allowed to be withdrawn by this Court, vide order dated 21.07.2014, with liberty to file similar application in case the trial is not concluded within a period of six months. Since the trial is not concluded, the present application is filed.
4.
It is an admitted fact that all other coaccused are already released on bail. 5.
The allegation against the present applicant is that in the CCTV footage, he was seen at the relevant time.
6.
The report from the concerned Sessions Court was called which would show that now the charge is framed.
7.
The learned A.P.P. submits that he has seen the CCTV footage in his office in presence of the learned counsel for the applicant and the brother of the applicant. Admittedly, the CCTV footage is regarding some persons passing by the nearby shop and the faces cannot be identified.
8.
Considering the overall material on record against the present applicant and the fact that all the co-accused have been already released on bail, in my view, the present applicant can be released on bail. Hence, the following order:- 9.
The applicant - Naeem Tattad Chotte Phelwan Qureshi be released on bail in Crime No. 2/2014, registered with Shanipeth Police Station, District Jalgaon, for the offences punishable under section 395 and 363 of the I.P. Code, on his executing P.R. bond in the sum of Rs. 1,00,000/- (rupees one lac) and also upon furnishing two sureties in the amount of Rs. 50,000/- (rupees fifty thousand) each.
.
The present application accordingly stands disposed of.
[M.T. JOSHI] JUDGE npj/criapln770-2015