Mohd. Shamin S/O. Kalim Shah (In Jail) v. State Of Maharashtra Thr. Pso Ps Wadgaon Road, Dist. Yavatmal

1aba138of2018.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 138 OF 2018 (Mohd. Shamim s/o Kalim Shah V/s State of Maharashtra, Thr. PSO PS Wadgaon Road, Dist. Yavatmal) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

-------------------------------------------------------------------------------------------------------------------------------- Shri M.N. Ali, Advocate for the applicant.

Shri V.P. Gangane, APP for the Respondent/State. CORAM: S.B. Shukre, J DATE: 13-04-2018 Heard.

Perused the first information report and reply of the prosecution.

The applicant's mobile phones have already been seized. The custodial interrogation of the applicant is sought to verify his hand-writing on the chit. An apprehension is also expressed that if the applicant is granted anticipatory bail, he may misuse the liberty by chasing and harassing the prosecutrix. The hand-writing of the applicant can be verified by obtaining his specimen hand-writing and as regards the apprehension expressed, the applicant's entry in the residential area of the applicant can be prohibited. In my opinion, custodial interrogation of

1aba138of2018.odt 2 the applicant, who is also a student, is not required and application can be allowed by imposing stringent conditions on the applicant.

Application is allowed and the interim anticipatory bail granted to the applicant by this Court on 12-03-2018 is hereby confirmed on the following conditions.

[i] The applicant shall attend the Police Station, Wadgaon Road every Wednesday and Sunday between 5 p.m. to 6 p.m. till the conclusion of the trial.

[ii] The applicant shall not attempt to meet or contact the prosecutrix in any manner.

[iii] The applicant shall not enter the residential locality, Dehankar Layout, of the prosecutrix pending final disposal of the trial. [iv] The applicant shall cooperate with the trial Court in expeditious disposal of the case. (v) In case there is any breach of any of the

1aba138of2018.odt 3 conditions hereby imposed, the protection given to the applicant shall liable to be cancelled at the instance of the prosecution.

Disposed of.

JUDGE rkn