Sayyed Naushad S/O Sayyed Baba (In Jail) v. State Of Maharashtra Through Police Station Officer, P. S. Ramnagar, Chandrapur

1 ba337.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.337/2016 Sayyed Naushad S/o Sayyed Baba ..Versus..

State of Maharashtra, through P.S.O., Police Station, Ram Nagar, Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 10.5.2016 Heard Shri A.B. Mirza, advocate for the applicant and Shri S.B. Bissa, A.P.P. for the non-applicant. The applicant is arrested on 9th March, 2016 in crime registered against him and four others for the offences punishable under Sections 364, 307, 324, 147, 148, 149, 504 and 506 of the Indian Penal Code. According to the prosecution, the accused kidnapped complainant (aged about 40 years).

The applicant has come out with specific case in paragraph no.9 of the application that the complainant is a history sheeter and during the period from 1998 to 2016 thirty to thirty five criminal cases are registered against him. The application is opposed on various grounds, one of it being that the co-accused Sayyed Shahjad @ Pappu and one Sonu are absconding. The learned advocate for the applicant has pointed out the order passed by this Court in Criminal Application (ABA) No.253/2016 on 21st

2 ba337.16 April, 2016 granting interim pre-arrest bail to Shahjad @ Pappu.

The non-applicant has not been able to substantiate that the custodial interrogation of the applicant is required for further investigation.

Considering the facts on the record, I am of the view that the applicant is entitled to be released on bail. Hence, the following order:

(i) The applicant having been arrested in Crime No.286/2016 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- and two solvent sureties in the like amount.

(ii) Till the charge-sheet is filed, the applicant shall attend the police station Ram Nagar, Chandrapur between 11 a.m to 4 p.m.

(ii) After the charge-sheet is filed, the applicant shall attend the sessions trial regularly, unless granted exemption by the Sessions Court.

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