Javed Biban Sayyad And ORS v. The State Of Maharashtra And ANR

1 Cr.Apln. 1735.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1735 OF 2015 Javed Biban Sayyad & Ors.

.... APPLICANTS V E R S U S The State of Maharashtra & Anr. .... RESPONDENTS .............................

Mr. N.V.Gaware, Advocate for Applicants.

Mrs. Pratibha Bharad, A.P.P. for R- 1 State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 28th APRIL, 2015 .............................

PER COURT :

1.

At the out set, learned counsel for applicants submits that, upon instructions, he wish to withdraw the present application for applicant No. 1 Javed Biban Sayyad and applicant No. 3 Taufik Jamir Deshmukh. Permission granted. Their application for anticipatory bail is dismissed as withdrawn.

2.

In so far as applicant No. 2 Mateen Yunus Sayyad and applicant No. 4 Parvez @ Parya Astak Sayyad are concerned, no doubt, their names are appearing in F.I.R.

2 Cr.Apln. 1735.2015 lodged by first informant on 27/02/2015, however the role ascribed to applicant No. 4 is that he has given fist and kick blows and that of applicant No. 2 is that he has assaulted by means of stone. There are no injuries which can be attributed to the said assault. In so far as snatching of Rs. 15,000/- is concerned, no specific allegations are made against applicant Nos. 2 and 4. In that view of the matter, their application for anticipatory bail can be favourably considered. 3.

Hence, I pass the following order :

(i) Present Criminal Application is partly allowed.

(ii) Application of applicant No. 1 Javed Biban Sayyad and applicant No. 3 Taufik Jamir Deshmukh is dismissed as withdrawn.

(iii) Application of applicant No. 2 Mateen Yunus Sayyad and applicant No. 4 Parvez @ Parya Astak Sayyad is allowed. In the event of arrest in connection with Crime No. 73/2015 for the offence punishable u/s 394 read with 34 of the Indian Penal Code registered with police station Rahuri, Dist. Ahmednagar, applicant No. 2 Mateen Yunus Sayyad and applicant No. 4 Parvez @ Parya Astak Sayyad be released on anticipatory bail on they executing P.R. Bond of Rs. 10,000/- [ Rupees Ten Thousand] with one

3 Cr.Apln. 1735.2015 solvent surety of like amount by each of them. (iv) Applicant No. 2 Mateen Yunus Sayyad and applicant No. 4 Parvez @ Parya Astak Sayyad shall attend police station Rahuri once in a week preferably on every Sunday between 3.00 p.m.

and 4.00 p.m. till the charge sheet is filed. [V.M.DESHPANDE, J.] KNP/Cr.Apln. 1735.2015