Sk. Aaref Sk. Mohd Shukur (Heena) And ORS v. The State Of Maharashtra And ANR

(1) criap4285.15

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4285 OF 2015

1. Sk. Aaref Sk. Mohd. Shukur (Heena),

2. Sk. Matin Sk. Nabi,

3. Sk. Mubin Sk. Chand,

4. Sk. Saddam Sk. Gani,

5. Sk. Salam Sk. Gani,

6. Sk. Rafik Sk. Gafur ..APPLICANTS

VERSUS

The State of Mah. & anr.

..RESPONDENTS Mr Rajendra Deshmukh, Advocate for applicants; Mr S.R. Palnitkar, A.P.P. for respondents CORAM : N.W. SAMBRE, J.

DATE : 7th September, 2015 ORAL ORDER :

Heard.

2.

Learned Counsel appearing on behalf of the applicants does not press the present application, so far as applicant no.4 Sk. Saddam Sk. Gani is concerned. Thus, the application, to the extent of applicant no.4, stands dismissed as not pressed.

(2) criap4285.15 3.

So far as remaining applicants are concerned, they are booked in C.R. No.84 of 2015, registered with Kalamnoori police station, District Hingoli, for offences punishable under sections 307, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code. The applicants are already protected by this Court, by order dated 12th August, 2015. 4.

Upon perusal of the allegations in the first information report, it reveals that the role attributed to the applicants is use of stick and extending threats.

5.

This Court, while granting regular bail to accused/applicants in Criminal Application No.3629 of 2015, has already observed that the investigation in the matter is almost complete and the incident in question has taken place at a spur of the moment.

6.

In view of above, in my opinion, it will be appropriate to grant protection to the applicants. I, therefore, pass following order :- The application, to the extent of applicant no.4 Sk. Saddam Sk. Gani, stands dismissed as not pressed.

In the event of arrest of applicants, namely, (1) Sk. Aaref Sk. Mohd. Shukur (Heena), (2) Sk. Matin Sk. Nabi, (3) Sk. Mubin Sk. Chand, (5) Sk.

(3) criap4285.15 Salam Sk. Gani and (6) Sk. Rafik Sk. Gafur, in connection with C.R. No.84 of 2015, registered with Kalamnoori police station, District Hingoli, for offences punishable under sections 307, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.10,000/- with one surety for the like amount. The applicants no.1, 2, 3, 5 and 6 shall attend the concerned police station, initially for three days, between 10.00 a.m. and 11.00 a.m. and thereafter as and when called by the Investigating Officer. The applicants shall keep themselves away from the jurisdiction of the concerned police station, till completion of the investigation, save and except to attend the police station and/or Investigating Officer. The applicants shall co-operate the investigation.

Criminal Application stands allowed partly in above terms. (N.W. SAMBRE, J.) amj