Bombay High CourtAPPLN/1081/2016application allowed

Shaikh Yasdani Gulam Mustaffa v. The State Of Maharashtra

2016-03-09Hon'Ble Shri Justice M.T. Joshi4 pages

1 16-crappln1081-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1081 OF 2016 Shaikh Yasdani Gulam Mustaffa ..Applicant

Versus

The State of Maharashtra ..Respondent -- Mr.Shaikh Ashpak T. Patel, advocate for applicant Mr.A.R.Borulkar, APP for respondent - State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 09, 2016 PER COURT :

Heard.

2] The applicant, who is arrested in Crime No.12 of 2016 registered with Udgir (Rural) Police Station, Tq. Udgir, Dist.Latur for the offences punishable under Section 498-A, 313, 294, 323, 324, 504 and 506 of Indian Penal Code, is praying for his release on bail.

2 16-crappln1081-16.odt 3] The complaint filed by the wife of the applicant would show that four years ago, present applicant had caused miscarriage of the fetus by beating her. Thereafter, two children were born from the wedlock. According to the complainant, present applicant and his relatives used to illtreat her over a demand of Rs.40,000/-.

Particularly on 16th January, 2016, according to the complainant, the present applicant has assaulted the father of the complainant by a knife above his right eye and beat him. In the circumstances, the complaint came to be filed. 4] Upon hearing both sides, it is gathered that the present applicant is behind the bars since 16th January, 2016. The copy of the injury certificate regarding the father of the complainant would show that he had received one contused lacerated wound ad-measuring 2 cm x 0.5 cm x 0.5 cm above the

3 16-crappln1081-16.odt right eyebrow, which, according to the Medical Officer, might have been caused by a hard and blunt object.

5] In the circumstances, in my view, since the investigation is complete, the applicant can be released on bail.

6] Hence, the following order :- A] Criminal Application is hereby allowed.

B] The applicant be released on bail in Crime No.12 of 2016 registered at Udgir (Rural) Police Station, Tq. Udgir, Dist. Latur for the offences punishable under Section 498-A, 313, 294, 323, 324, 504 and 506 of Indian Penal Code, upon his executing P.R. bond in the sum of Rs.20,000/- (Rs.Twenty Thousand) and also upon furnishing surety in the like amount.

4 16-crappln1081-16.odt C] The applicant shall not influence any of the the prosecution witnesses in any manner.

[M.T. JOSHI, J.] kbp