Bombay High CourtBA/122/2016allowed

Mohd. Adil Mohd. Anwar v. State Of Maharashtra, Through P.S.O. Of P.S. Achalpur

2016-03-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba122.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 122 OF 2016 (MOHD. ADIL MOHD. ANWAR..VS..STATE OF MAH., THR. PSO, PS ACHALPUR, DIST. AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MARCH 02, 2016.

Heard Shri P.W.Mirza, advocate for the applicant and Shri S.S.Doifode, A.P.P. for the non-applicant. The applicant is arrested in the crime registered against him for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 120-B of the Indian Penal Code and Section 135 of the Maharashtra Police Act. The crime is registered against seven persons.

The case of the prosecution is that 15 persons assaulted Mohan and deceased Amit. As far as the present applicant is concerned, the allegations are that he was member of the unlawful assembly and gave blows with fists and kicks.

Shri P.W. Mirza, learned advocate for the applicant has pointed out the order passed by this Court on 29th February, 2016 in B.A. No. 138 of 2016 by which bail is granted to three co-accused (Mohd. Shariq, Matin and Ashfaque). The applicant is in jail since 17th November, 2015. The charge-sheet is filed.

2 ba122.16 Considering the facts on record and as the nonapplicant has not been able to show that the custody of the applicant is required for further investigation, in my view, the applicant is entitled to be released on bail. Hence, the following order :

The applicant having been arrested in Crime No. 81 of 2015, registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.Twenty Thousand with two solvent sureties in the like amount.

The applicant shall attend every date of sessions trial unless exempted by the Sessions Court. In case, the applicant fails to attend any date of the sessions trial without seeking exemption from the Sessions Court, this order shall stand recalled.

The application is allowed in the above terms. JUDGE RRaut..