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Bombay High CourtABA/71/2016others disposed off

Faisal Mohd Isak Wadgama v. The State Of Maharashtra, Through P.S.O. P.S. Nagpada, Mumbai

2016-02-04Hon'Ble Shri Justice A.B. Chaudhari2 pages

04.02.71.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 71/2016 (Faisal Mohd. Isak Wadgama vs. State of Maharashtra ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. O.D. Kakade, Adv.for applicant Mr. A.K.Bangadkar, APP for respondent CORAM: A.B.CHAUDHARI, J.

DATED : 4th February, 2016.

Heard learned counsel for the rival parties. Perused the FIR dated 2.4.2015.

The request in the present application is a limited one, namely, seeking transit bail, in order to enable the applicant to approach the competent court at Mumbai. Upon perusal of the FIR, prima facie, I find that the same relates to the position about ten months before and, therefore, it would be appropriate if a regular competent court at Mumbai decides the plea for anticipatory bail, upon perusal of the entire records. As it is there is a delay of about ten months and no prejudice would be caused to the prosecuting agency if transit bail only for a period of ten days, is granted. In that view of the matter, I make the following order:

ORDER:

The Criminal Application (ABA) No. 71/2016 is allowed in part.

In the event of arrest of the applicant-Faisal Mohd. Isak Wadgama, in respect of Crime No.

04.02.71.16 142/2015 registered at Nagpada Police Station for offence punishable under sections 387, 34 of the IPC and Section 3 of the MCOCA, he be released on bail, for a period of ten days only, with condition that he shall cooperate with the Investigating Officer. Needless to mention, in no case, the extension of bail beyond ten days will be granted.

JUDGE sahare