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Bombay High CourtBA/1129/2022application allowed

Shaikh Mohammad Nisar Shaikh Mohammad Noor v. The State Of Maharashtra

2022-09-12Hon'Ble Shri Justice R. G. Avachat2 pages

1-BA.1260 and 1129.odt

1. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.1260 OF 2022 Shrikant s/o. Gorakhnath Waghmare ..Applicant Vs.

The State of Maharashtra ..Respondent AND BAIL APPLICATION NO.1129 OF 2022 Shaikh Mohammad Nisar Shaikh Mohammad Noor ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.R.P.Patwardhan, Advocate for applicant in BA No.1260/2022 Mr.A.K.Bhosle, Advocate for applicant in BA No.1129/2022 Mr.S.P.Sonpavale, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 12, 2022 ORDER :- These applications have been filed under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.172 of 2022 registered with Chikhalthana Police Station, Aurangabad.

2.

Heard learned counsel appearing for the parties. 3.

The applicants have been arrested on 12.06.2022. Their names did not figure in the FIR. The description of the culprits has

1-BA.1260 and 1129 also not been given in the FIR. Post arrest of the applicants, they have not been subject to test identification parade, till date. One of the applicants has no criminal antecedents, while another one has one. The offence is triable by the Court of Judicial Magistrate, First Class. The stolen property is in the nature of currency notes not bearing earmark to be identified to have belonged to the complaint. 4.

In this factual backdrop, the applicants deserve to be granted bail. Hence, the following order:- (i) The applications are allowed.

(ii) The applicants be released in connection with Crime No.172 of 2022 registered with Chikhalthana Police Station, Aurangabad, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount.

(iii) The applicants shall not tamper with the prosecution evidence.

(iv) For a period of one year, the applicants shall attend the concerned police station once a week i.e. on every Sunday, between 11.00 p.m. to 12.00 midnight.

[R.G. AVACHAT, J.] KBP