Sayed Sharik S/O Sayed Gyasoddin v. State Of Maharashtra, Through P.S.O. P.S. Kalamna, Nagpur

1 aba114.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.114/2016 Sayed Sharik s/o Sayed Gyasoddin ..Versus..

State of Maharashtra, through Police Station Officer, Police Station, Kalmana, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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.

DATE : 15.4.2016 Heard Shri R.S. Akbani, advocate for the applicant and Shri N.S. Khubalkar, A.P.P. for the non-applicant. The applicant apprehends arrest in crime registered against him for the offence punishable under Section 407, 411 and 34 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act.

The accusations against the applicant are that he is the owner of truck and was also driving it at the time of the incident and while transporting the tur dal, less quantity was delivered at the point of destination.

The application is opposed on the ground that there is sufficient evidence against the applicant and after the Sessions

2 aba114.16 Court granted interim protection, the applicant had not co-operated with the investigation.

There is no complaint by the non-applicant that after this Court granted interim protection by the order dated 8th March, 2016 the applicant has not co-operated with the investigation. Considering the facts of the case, the nature of accusations and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the interim order granted by this Court on 8th March, 2016 is required to be confirmed.

Hence, the following order:

(i) In the event of arrest in Crime No.387/2015 registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond for Rs.10,000/- (Rs. Ten Thousand Only). (ii) Till the filing of the charge-sheet, the applicant shall attend the police station Kalmana, Nagpur on every Wednesday between 11 a.m. to 5 p.m.

(iii) The application is allowed in the above terms. JUDGE Tambaskar.