Shaikh Jummekha S/O Shaikh Nyamatkha v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 1941 OF 2016 SHAIKH JUMMEKHA S/O SHAIKH NYAMATKHA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kiran D. Jadhav & Mr. S. D. More. APP for Respondent : Mr. S. D. Ghayal.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

26th April, 2016.

P.C.:

.

This is an application for regular bail in Crime No.222 of 2015 registered at Badnapur Police Station, District Jalna for the offences punishable under Sections 302, 376, and 394 read with 34 of the Indian Penal Code.

Heard the learned counsel for parties. Perused papers of investigation.

On 23rd November, 2015 informant Vithal Uttam Savant husband of deceased Kavita lodged report with police station alleging therein that his wife Kavita was sexually assaulted and then done to death by the Accused.

On the basis of report crime was registered. One Adhaar card was found near the dead body. This Adhaar card belonged to Applicant. On the basis of Adhaar card Applicant was arrested on the same day.

It can be seen from papers of investigation and statements of witnesses that no specific role is attributed to Applicant but on suspicion he was arrested.

Charge-sheet has been filed. Applicant is in custody since 24th November, 2015. Considering the allegations in FIR this Court is inclined to allow the application. Hence the following order -

O R D E R

I.

Criminal Application No.1941 of 2016 is allowed. II.

Applicant is released on bail in Crime No.222 of 2015 registered at Badnapur Police Station, District Jalna for the offences punishable under Sections 302, 376, and 394 read with 34 of the Indian Penal Code on P.R. and S.B. of Rs.25,000/- (Rupees Twenty Five Thousand Only) each.

III.

Applicant shall not tamper with the prosecution evidence and shall make himself available as and when required.

IV.

Bail before the Trial Court.

[ INDIRA K. JAIN, J. ] ndm