Syed Rafat Sultanaw S/O Syed Merajoddin Qadri v. The State Of Maharashtra
criap3932.16 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3932 OF 2016 Syeda Rafat Sultana w/o Syed Merajoddin Qadri ..APPLICANT
VERSUS
The State of Maharashtra ..RESPONDENT Mr H.I. Pathan, Advocate for applicant;
Mr S.D. Ghayal, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.
DATE : 28th July, 2016 ORAL ORDER :
Heard.
2.
By the present application under section 438 of the Code of Criminal Procedure, the applicant seeks pre-arrest bail, in connection with C.R. No.0292, registered with police station City Chowk, Aurangabad, for offences punishable under sections 302, 452, 143, 147, 148, 149, 323 and 506 of the Indian Penal Code.
3.
The prosecution case is that there was a quarrel between the son of the complainant and the son of the accused persons, resulting into quarrel between the applicant's group and the complainant's group. 4.
The allegations against the applicant are that the applicant, along with co-accused, formed an unlawful assembly and assaulted the husband of the complainant, resulting into his death.
criap3932.16 (2) 5.
The role attributed to the present applicant is that of assaulting the complainant with fist blows. There is no overt act attributed to the applicant, in the matter of death of Shaikh Harun. Even the eye-witnesses do not attribute any overt act to the present applicant. 6.
In view thereof, in my opinion, Criminal Application needs to be allowed, as custodial interrogation of the applicant is not necessary. I, therefore, pass following order :- In the event of arrest of the applicants, in connection with C.R. No.0292, registered with police station City Chowk, Aurangabad, for offences punishable under sections 302, 452, 143, 147, 148, 149, 323 and 506 of the Indian Penal Code, she be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. The applicant shall attend the concerned police station on 6th and 7th August, 2016, between 10.00 a.m. and 12 noon and thereafter as and when called by the Investigating Officer.
Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj