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Bombay High CourtABA/414/2023disposed off

Mansur Anwar Shaikh And Others v. The State Of Maharashtra

2023-04-05Hon'Ble Shri Justice R. G. Avachat2 pages

938-ABA-414-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 414 OF 2023

1. Mansur Anwar Shaikh

2. Sultana Anwar Shaikh

3. Mustafa Anwar Shaikh ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. B.P. Pande, Advocate for applicants Ms. R.P. Gour, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 05th APRIL, 2023 PER COURT :

1.

Heard.

2.

The First Information Report ('F.I.R.') is lodged four days after the alleged incident. The applicants have reason to contend that false case has been lodged since on 03rd February, 2023 itself a non-cognizable case is lodged against the informant himself. The averments in the F.I.R. would indicate it's a matrimonial dispute. Since there is delay of four days in lodging the F.I.R., veracity of the allegations therein is certainly in doubt. 3.

In view of above, order dated 28th March, 2023 granting the applicants ad-interim anticipatory bail is hereby made absolute. The 1 / 2

938-ABA-414-23.odt applicants shall appear before the investigating officer, as and when required for the investigating purpose. The applicants shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2