Bombay High CourtWP/168/2015dismissed

Mohammad Naim S/O Mond. Isaque And Another v. State Of Maharashtra, Through P.S.O. P.S. Kholapur, Amravati And Another

2015-06-29Hon'Ble Shri Justice A.B. Chaudhari2 pages

2906wp168.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.168/2015 Mohammad Naim s/o Mohd. Isaque and another ...Versus...

State of Maharashtra, through Police Station Officer, Police Station, Kholapur, Tah. Bhatkuli, Distt. Amravati and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Dhengale, Advocate for petitioners Shri A.K. Bangadkar, APP for respondent no.1 CORAM : A.B. CHAUDHARI, J.

DATE : 29.06.2015 Heard the learned Counsel for the rival parties. In the present petition, there is a challenge to the order dated 14.1.2015 by which the Additional Sessions Judge, Amravati has cancelled the bail which was granted to the petitioners by an order dated 9.10.2014.

The offence was committed on 30.9.2014 by which the petitioners had outraged the modesty of a minor girl and the petitioners were arrested on 7.10.2014 and were released on bail on 9.10.2014 and within a short time they assaulted the uncle in respect of which the FIR was registered against the petitioners on 14.10.2014.

The trial Court has observed that in the FIR the names of both the petitioners have been mentioned about the violation of terms and conditions, that was obviously with a view to put the

2906wp168.15.odt witnesses and the family of the victim under trepidation. The conduct of the petitioners dis-entitle them for continuing on bail. That being so, the impugned order will have to be confirmed. Hence, the following order.

ORDER

The Criminal Writ Petition No.168/2015 is dismissed. The petitioners to surrender to the Police Station Kholapur, Tah. Bhatkuli, District Amravati within two days.

Liberty is granted to the petitioners to apply for grant of bail after a period of eight months.

JUDGE Wadkar