Shaikh Zubair Shaikh Gaffar And Others v. The State Of Maharashtra

921-aba-1054-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1054 OF 2022 1.

Shaikh Zubair Shaikh Gaffar 2.

Sayeed Shaikh Gaffar 3.

Jafar Shaikh Sattar ...Applicants

Versus

The State of Maharashtra

...Respondent

...

Advocate for Applicants : Mr. G.R. Syed APP for Respondent/State : Ms. V.S. Choudhari ...

CORAM : S.G. MEHARE, J.

DATED : 25th AUGUST, 2022 PER COURT:- 1.

Heard learned counsel for the applicants and learned APP for the State.

2.

The facts have been discussed in the order dated 11.08.2022. There are counter reports against each other. Though the allegations have been made that the chopper has been used, but no corresponding injuries were sustained to the injured. There is inordinate delay of 15 days in lodging the FIR. The favorite allegations of snatching the golden chain have been levelled against applicant no.1. Since there are no corresponding injuries that may be caused due to the chopper, the possibility of using the chopper is least.

921-aba-1054-2022.odt (2) 3.

Perusal of the papers reveals that the material investigation has been completed. The custodial interrogation of the applicants would serve no purpose. Hence, the application deserves to be allowed. Hence, the following order :

ORDER

(A) The Application is allowed.

(B) Interim protection granted to the applicants by order dated 11.08.2022 is confirmed on the same terms and conditions with an additional condition that he shall attend the police station as and when called by the Investigating Officer on written notice. (S.G. MEHARE, J.) Mujaheed//