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Bombay High CourtABA/331/2022allowed

Smt. Samina Praveen Wd/O Amin Sheikh v. The State Of Maharashtra, Thr. Pso Ps Warud, Dist. Amravati

2022-07-06Hon'Ble Shri Justice Anil S. Kilor2 pages

1-aba-331-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 331 OF 2022 Smt. Samina Praveen wd/o Amin Sheikh Versus State of Maharashtra, Police Station, Warud, District Amravati.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri N.R.Tekade, Advocate for the applicant.

Ms Shamshi Haider, A.P.P. for the non-applicant /State. CORAM : ANIL S. KILOR, J.

DATED : 06/07/2022.

1.

The applicant is seeking pre-arrest bail in Crime No.270 of 2022, dated 19.04.2022, registered with Police Station, Warud, District: Amravati (Rural), for the offences punishable under Sections 304-B, 498-A read with Section 34 of the Indian Penal Code, 1860.

2.

Shri N.R.Tekade, learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence. He further submits that she is in no way connected with the alleged offence. 3.

Learned counsel for the applicant submits that the applicant attended the concerned Police Station as directed by this Court, while granting ad-interim anticipatory bail and co-operated the Investigating Officer in the investigation. He further submits that there is no complaint about misuse of liberty by the applicant. rkn

1-aba-331-2022.odt 4.

Learned counsel for the applicant lastly argues that further custody of the applicant is not required, as the charge-sheet has already been filed in this case. 5.

On the other hand, Ms. Shamsi Haider, learned APP opposes the present application.

6.

I have perused the Charge-sheet and FIR.

7.

Considering the FIR, it appears that general allegations are made against the applicant. Moreover, the applicant has attended the concerned Police Station, as directed by this Court while granting ad-interim anticipatory bail. In this case, as the investigation is over and the charge-sheet has already been filed, I am of the opinion that custodial interrogation is not necessary. 8.

Moreover, there is nothing to point out that if the applicant is released on bail, there is any possibility that she may pressurize the prosecution witnesses or she may not be available for trial. In that view of the matter, I pass the following order:

a) The criminal application is allowed.

b) Order passed by this Court on 17.05.2022, granting ad interim anticipatory bail, is confirmed with the modification that the applicant shall attend the concerned Police Station as and when her presence is required. Signed By:RAJESH K NANDURKAR [ANIL S. KILOR, J.] rkn