Ishrat Begum W/O Salim Baig And Others v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1024 OF 2017 1.

Ishrat Begum w/o Salim Baig, Age: 52 years, Occ: Household, 2.

Faisal s/o Salim Baig, Age: 22 years, Occ: Education, 3.

Samir s/o Salim Baig, Age: 25 years, Occ: Service, All R/o. Servant Quarters, Old Power House, Near Wadar Colony, Parli-Vaijnath, Tq. Parli-Vaijnath, Dist. Beed. ..APPLICANTS

VERSUS

The State of Maharashtra Through Police Station, Parli (Rural), Dist. Beed.

..RESPONDENT Mr S.J. Salunke, Advocate for applicants;

Mr S.M. Ganachari, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 1st MARCH, 2017 ORAL ORDER :

In Crime No.27 of 2017, registered with Parli (Rural) Police Station, District Beed, for offence punishable under Section 326 read with Section 34 of the Indian Penal Code, the applicants

(2) are seeking pre-arrest bail.

2.

In the statement of victim, in which he has claimed that he was initially assaulted by one unknown person and later on claimed that he met with an accident, prima facie involvement of the applicant in crime in question creates serious doubt. Applicant No.1 is wife of victim, whereas applicant Nos. 2 and 3 are sons, who are taking education. The offence is registered at the behest of sister in law of applicant No.1.

3.

In the aforesaid background, in my opinion, the application deserves to be allowed. 7.

In view of above, the following order is passed : - (i) In the event of arrest of the applicants, the applicants be released on bail in Crime No.27 of 2017, registered with Parli (Rural) Police Station, District Beed, for offence punishable under Section 326 read with Section 34 of the Indian Penal Code, upon furnishing P.R. bond of

(3) Rs.25,000/- by each of them, with one or two sureties in the like amount.

(ii) The applicants shall attend the Investigating Officer on 16th and 17th March, 2017 between 10.00 a.m. and 12.00 noon and thereafter as and when called for.

(iii) The applicants shall not influence the prosecution witnesses or tamper with evidence. 8.

Criminal Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe