Azhar S/O Shabbir Shaikh v. The State Of Maharashtra

Cri.Appln.No.7003/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.7003 OF 2015 Azhar s/o Shabbir Shaikh, Age 26 years, Occu. Agri., R/o Golegaon, Taluka Gangapur, District Aurangabad ..

Applicant

Versus

The State of Maharashtra through Police Station, Shillegaon, Taluka Gangapur District Aurangabad Mr K.N. Shaikh and Mr F.B. Pathan, Advocates for applicant Mr U.S. Mote, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 13th January 2016 PER COURT Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.I-241 of 2015 registered at Shillegaon Police Station, District Aurangabad for the offences punishable under Sections 307, 143, 147, 149, 324, 452, 504 and 506 of Indian Penal Code for an incident dated 11th December 2015, registered on 12th December 2012.

3.

It is the case of the applicant that so as to give counter blast to the complaint filed by the present applicant, the complainant has lodged report against the applicant. Learned Counsel for the applicant has invited attention of this Court to the contents of F.I.R. in Crime No.240/2015.

4.

Learned A.P.P. opposed the application on the ground that the statement of victim and his family members depict specific role attributed to the applicant.

Cri.Appln.No.7003/2015 5.

Perused the F.I.R. and the investigation papers. There appears two crimes registered in the matter i.e. Crime No.240 of 2015 by the applicant and Crime No. 241 of 2015 at the behest of one of the accused. Apart from above, the role attributed to the present applicant appears to be that of causing simple injury. There exists civil dispute for which already Civil Suit is pending before the competent Court. In view thereof, in my opinion, it will be appropriate to order release of the applicant. 6.

in the event of his arrest in Crime No.I-241 of 2015 registered at Shillegaon Police Station, District Aurangabad, for the offence punishable under Sections 307, 143, 147, 149, 324, 452, 504 and 506 of Indian Penal Code, the applicant be released on bail, upon furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand) with one surety in the like amount. 7.

The applicant shall attend the concerned Police Station on 18th and 19th January 2016 between 10.00 am and 12.00 noon and thereafter as and when called by the Investigating Officer. 8.

Till filing of charge-sheet, the applicant shall not enter the jurisdiction of the concerned police station, but for the purpose of investigation.

8.

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