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Bombay High CourtAPPLN/3366/2015disposed off

Jamir Yunus @ Unisshaikh v. The State Of Maharashtra

2015-07-21Hon'Ble Shri Justice V.M. Deshpande2 pages

criapln3366-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3366 OF 2015 Shri Jamir Yunus @ Unis Shaikh .. APPLICANT

Versus

State of Maharashtra .

.. RESPONDENT ...

Smt.S.A.Dhongade h/f Shri A.S.Dhongade,Advocate for applicant Shri V.H.Dighe,APP for respondent State ...

CORAM : V.M.DESHPANDE,J.

DATED : 21ST JULY, 2015 ORDER :- This is an application for bail. The applicant is arrested in connection with Crime No.75/15 registered at Shrigonda Belwandi police station, Dist.Ahmednagar for offences punishable u/s 498-A, 306, 504, 506 r.w. 34 of IPC.

2] I heard the learned counsel Smt. S.A.Dhongade for the applicant and Shri Dighe, learned A.P.P. for respondent State. 3] The FIR is lodged by Ayub Gulab Sayyad father of deceased Afrin. The FIR is lodged on 19/6/2015. According to the FIR, marriage of deceased Afrin was performed with Shafiq Yunus Shaikh of Newasa. According to the FIR, the present applicant who is elder brother of Shafiq resides at different village alongwith his family since he was adopted by his maternal aunt Sugrabee right from his childhood. According to the FIR, on 15/5/15, when Afrin came to her

criapln3366-15 -2parents house that time, she disclosed that his husband is having illicit relations with one lady. The FIR further states that on 22/5/2015, husband Shafiq demanded an amount of Rs.one lakh for plumbing business. In the FIR there is passing reference to the present applicant that he has also demanded the amount. 4] From the FIR and other material collected during the course of investigation, it is crystal clear that at no point of time, applicant was responsible for giving any instigation to the deceased Afrin to commit suicide who committed the same by hanging herself. Further the applicant was residing separately from deceased and her family. The applicant is arrested since 10/6/2015. The investigation in so far as present applicant is concerned, is over that leads me to pass following order :

ORDER

A] Application is allowed. Applicant Jamir Yunus @ Unis Shaikh be released on bail on he executing PR bond of Rs.5,000/- (Rs.Five thousand only) with one solvent surety in the like amount, in connection with CR No.I-75 of 2015 for the offences u/s 498-A, 306, 504, 506 r/w 34 of I.P.C. registered at Shrigonda Belwandi police station, Dist.Ahmednagar.

B] Bail before trial Court.

(V.M.DESHPANDE,J.) umg/