Shahenaz Maheboob Shaikh And Others v. The State Of Maharashtra

924-ABA-1441-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1441 OF 2022

1. Shahenaz Maheboob Shaikh

2. Amreen W/o Irfan Shaikh

3. Anjuman W/o Juned Maninar .... Applicants

Versus

The State of Maharashtra and another .... Respondents .....

Mr. Ravindra V. Gore, Advocate for the Applicants Mr. P.K. Lakhotiya, APP for Respondents - State .....

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 23rd NOVEMBER, 2022 ORDER :

1.

The applicants apprehend their arrest in connection with Crime No. 0679 of 2021 registered with Kadim Jalna Police Station, Jalna for the offence punishable under sections 307, 323, 504 read with 34 of the Indian Penal Code. 2.

The FIR in question is lodged by Nagma Shaikh, daughter-in-law of applicant No.1 and sister-in-law of applicant Nos. 2 and 3 alleging that on the date of incident i.e. on 20/12/2021 at about 10.25 a.m. the applicants and the informant's brother-in-law came there together and assaulted her by slaps and fist blows. Applicant Nos. 3 and 4 caught hold the informant and applicant No.1 forcefully administered poison i.e. the poison used for killing rats.

924-ABA-1441-22 3.

Heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the State. Perused the papers of investigation.

4.

Taking into consideration that accused No.1 brotherin-law of the informant was arrested and the poisonous substance used in the incident is recovered at his instance, and further the fact that the charge-sheet is filed in the present case and the applicants being women, custodial detention and / or pre-trial custodial interrogation is not warranted in the facts of the present case. In that view of the matter, the applicants deserve protection.

5.

The applications is allowed. In the event of arrest of the applicants in connection with Crime No. 0679 of 2021 registered with Kadim Jalna Police Station, Jalna for the offence punishable under sections 307, 323, 504 read with 34 of the Indian Penal Code, they shall be released on their executing PB and SB of Rs.15,000/- each with one surety each in the like amount. The applicants shall not tamper the prosecution evidence [NITIN B. SURYAWANSHI] JUDGE S.P. Rane