Atiyatbegum W/O Hasan Ali v. The State Of Maharashtra And ANR

1 Cr.Apln. 1089.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1089 OF 2015 Atiyatbegum W/o Hasan Ali .... APPLICANT V E R S U S The State of Maharashtra & Anr. .... RESPONDENTS .............................

Mr.Saeed S.Shaikh h/f Mr. S.S.Kazi, Advocate for Applicant.

Mr. S.A.Ambad, A.P.P. for R- 1 State.

..............................

CORAM : V.M.DESHPANDE, J.

DATE : 18th MARCH, 2015 .............................

PER COURT :

1.

This is an application for grant of anticipatory bail by the applicant, who is lady in connection with Crime No. 3218/2014 for the offences u/s 294,504,506 read with 34 of the Indian Penal Code and u/s 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as ' Atrocities Act' for the sake of

2 Cr.Apln. 1089.2015 brevity] registered with police station Nanal Peth, Parbhani. 2.

Heard Mr.Saeed S.Shaikh h/f Mr. S.S.Kazi, the learned Counsel for the applicant and Mr. S.A.Ambad, the learned A.P.P. for respondent No. 1 - State in extenso. 3.

Apart from the fact that the previous F.I.R. was lodged by the son of the present applicant, from the F.I.R. in question, it is clear that there are no specific allegations against the present applicant that the present applicant has used abusive words against the first informant in the name of caste. In that view of the matter, the applicant has made out case for grant of anticipatory bail.

4.

Hence, I pass the following order :

(i) Criminal Application No. 1089 of 2015 is hereby allowed.

(ii) In the event of her arrest, in connection with Crime No. 3218/2014 for the offences u/s 294, 504,506 read with 34 of the Indian Penal Code and u/s 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered with police station Nanal Peth, Parbhani, applicant Atiyatbegum W/o Hasan Ali shall be released on anticipatory bail on her execution of P.R. Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety of like amount.

3 Cr.Apln. 1089.2015 (iii) It is made clear that since the applicant has already attended the police station in view of the earlier direction given by this Court, her further attendance in the police station is not at all necessary.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 1089.2015