Shaikh Imran S/O Shaikh Ramzan And Another v. The State Of Maharashtra, Through P.S.O. P.S. Yavatmal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.144 OF 2016 (Shaikh Imran s/o Shaikh Ramzan and another ..vs.. The State of Maharashtra, through PSO, PS Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 22-04-2016 Heard Shri S.V. Sirpurkar, Advocate for the applicants and Shri N.S. Khubalkar, Additional Public Prosecutor for the non-applicant.

2.

The applicants are arrested on 25-10-2015 in crime registered against them for offences punishable under Sections 302, 143, 147, 148, 149 and 504 of the Indian Penal Code.

3.

The incident occurred because of clash between two groups and brother of the applicants and two persons of other group died in the clash.

4.

The application is opposed on the ground that there is sufficient material which shows involvement of the applicants in the crime and if the applicants are released on bail, there is likelihood of disturbing the law and order situation.

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The learned Advocate for the applicants has submitted that the other group had assaulted the applicant No.2 and a police complaint to that effect was lodged and when the applicants returned from police station, they were attacked near their house. 6.

The charge-sheet is filed. The investigation is complete. The non-applicant has not been able to show that custody of the applicants is required for further investigation.

Considering the facts on record, in my view, the applicants are entitled to be released on bail. 7.

Hence, the following order :

i) The applicants having been arrested in Crime No.452/2015 registered by the non-applicant, they be released on bail, on furnishing P.R. Bond for Rs.50,000/- each and two solvent sureties in the like amount for each of the applicant.

ii) The applicants shall regularly attend the sessions trial on every date unless granted exemption by the Sessions Court.

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