Shadab Mouniddin Kureshi v. The State Of Maharashtra

Cri. Appln. No. 6613/2014

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6613 OF 2014 Shadab Mouniddin Kureshi ....Applicant.

Versus

The State of Maharashtra ....Respondent.

Mr. U.S. Malte, Advocate for applicant.

Mr. M.M. Nerlikar, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 7th January, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

The crime is registered on the basis of report given by one Krushna Vidhate, who is working in Vigilance Branch of Shrirampur, District Ahmednagar. He has made allegations that on 16.11.2014, on the basis of specific information that there was cow slaughter going on, the action was taken by them. It is contended that some police personnel and some social activists were present and mob was gathered there and there was a slaughter house. Allegations are made that many persons of a

Cri. Appln. No. 6613/2014 particular community assaulted the police and they pelted stones at police. Allegations are made that the articles of police like mobile handsets etc. were snatched and taken away. On the basis of this report, the crime came to be registered for offence punishable under sections 394, 149 etc. of I.P.C. It can be said that even section 353 could have been added. The learned APP drew attention of this Court towards a statement of one witness, who had seen the present applicant in the mob and also the act of the applicant in which he was assaulting police officers. 3.

The learned counsel for the applicant made a statement that applicant has been behind bars since 18.11.2014. In view of the the nature of allegations and as the investigation must have been completed, this Court holds that it is not desirable to keep the applicant behind bars till the disposal of the case which may be filed against him.

4.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper the prosecution witnesses. He is not to commit similar offence. [ T.V. NALAWADE, J. ] ssc/