Adil Chau S/O Hamadbin Chaus v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6733 OF 2014 ADIL CHAU S/O HAMADBIN CHAUS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rupesh Jaiswal, Advocate h/f Mr. Ghanekar Nilesh S. And Mr. M. N. Ghanekar. APP for Respondent: Mr. M. N. Nerlikar.

*** CORAM: T. V. NALAWADE, J.

DATED: 2nd FEBRUARY, 2015.

PER COURT:

1.

The application is filed for bail. Statement was made by learned counsel for the Applicant that this is the first application for bail filed by the present applicant and he has been behind bars since 16th August, 2013. Charge sheet is filed against him for offence punishable under section 397, 504, 506, 34 I.P.C. and also under section 4 read with 25 of Arms Act.

2.

Allegations are made that in an incident dated 13th August, 2013 the applicant entered the house of the complainant with a sword in his hand. He manhandled

-:(2):- the lady and other members and he was in search of husband of the complainant. Allegations are made that he took away the gold and silver ornaments from the house of the complainant and also cash amount of Rs.16,000/-. The papers of investigation show that sword, some silver ornaments worth around Rs.2,800/- and cash amount of Rs.7,800/- came to be recovered from him. No injury was found on the person of any witness. The application is opposed by the State on the ground that there are many cases registered with different police stations like City Chowk Police Station, Begumpura Police Station, Kranti Chowk Police Station , and CIDCO Police Stations. This Court has gone through the affidavit filed in that regard. The applicant was known to the complainant and it appears that real dispute was of different nature. In view of the fact that the applicant has been behind bars since 15th August, 2013 and aforesaid circumstance and as it is not certain as to when the trial will be completed this Court holds that bail is to be granted to the applicant.

3.

In the result, application is allowed. The applicant is to be released on bail on his furnishing P.R.of Rs.50,000/- [Rupees fifty thousand only] with one solvent

-:(3):- surety of like amount. He is not to tamper with the prosecution witnesses. He is not to commit similar offence.

[T. V. NALAWADE, J.] Dt.02/02/2015 ans/6733