Yasmeen Begum W/O Ahmed Shaikh v. The State Of Maharashtra And Another

2024:BHC-AUG:20919

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

985 ANTICIPATORY BAIL APPLICATION NO. 1471 OF 2024 YASMEEN BEGUM W/O AHMED SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Gangakhedkar Shailendra S. APP for Respondent/State : Mr.M.K. Goyanka ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

4th September, 2024.

P.C.:

1.

The applicant apprehends arrest in connection with FIR No.0180 of 2024 registered with Vazirabad Police Station, Dist. Nanded, for the offences punishable under sections 3/25 and 7/25 of the Arms Act. 2.

It is prosecution's case that on secret information police apprehended accused no.1 and in his personal search, police found one country made pistol with live cartridge. In inquiry, accused no.1 told that he has purchased the said pistol from the applicant and her husband for Rs.20,000/-.

3.

It is contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant has no criminal antecedents. At the relevant time, husband of the applicant was behind bar. Considering the allegations against the applicant, the custodial interrogation of the applicant is not required and requested to allow the application.

4.

It is contention of the learned APP that accused no.1 was found

with country made pistol along with live cartridge. He has specifically stated that he has purchased the said country made pistol from the applicant and her husband for Rs.20,000/-. It is necessary to make inquiry with the applicant about source of the said country made pistol. Considering the allegations against the applicant, the custodial interrogation of the applicant is required and requested to reject the application.

5.

I have heard both the learned counsel. Perused the F.I.R. and police papers produced on record.

6.

The allegations against the applicant are that she and her husband have sold the country made pistol to accused no.1. The applicant has no criminal antecedents. Mere on the statement of co-accused, custodial interrogation of the applicant is not required and I pass the following order :-

ORDER

(i) The application is allowed.

(ii) In the event of arrest of the applicant in connection with FIR No.0180 of 2024 registered with Vazirabad Police Station, Dist. Nanded, for the offences punishable under sections 3/25 and 7/25 of the Arms Act, the applicant be released on executing personal bond in the sum of Rs.25,000/- with one surety of the like amount, on the following conditions :-

(a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.

[ SHIVKUMAR DIGE, J. ] sga