Naushad @ Bhuru Jerman Khan v. State Of Maharashtra, Thr. P.S.O. P.S. Jaripatka, Nagpur

1 ba363.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.363/2016 Shri Naushad @ Bhuru Jerman ..Versus..

State of Maharashtra, through Police Station Officer, P.S. Jaripatka, 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 : 13.5.2016 Heard Shri Junaid Ahmed, advocate for the applicant and Shri J.Y. Ghurde, A.P.P. for the non-applicant. The applicant is arrested on 15th March, 2016 in crime registered against him for the offences punishable under Sections 364A, 385, 323, 294, 506-B and 34 of the Indian Penal Code on the accusations that the accused assaulted the victim Amor Shambharkar (aged about 26 years) and demanded an amount of Rs.30,000/- from him and as the victim informed that he was not having the amount, the accused nos.1 and 2 forced the victim to sit on two wheeler and were taking him to some unknown place, however, some police officers intercepted and rescued the victim. The application is opposed on the ground that the investigation is in progress and that the co-accused Chhotu Khan is

2 ba363.16 absconding.

On going through the reply filed by the non-applicant, I find that the non-applicant has not been able to show that the custody of applicant is required for further investigation. Considering the nature of accusations against the applicant and the facts on the record, in my view, the applicant is entitled to be released on bail, however, on certain conditions. Hence, the following order:

(i) The applicant having been arrested in Crime No.152/2016 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- and one solvent surety in the like amount.

(ii) The applicant shall attend the police station Jaripatka daily between 11 a.m. to 4 p.m. till 30th June, 2106 or till Chhotu Khan (co-accused) is arrested, whichever earlier.

(iii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.569/2016 In view of disposal of main application, this application does not survive and is disposed accordingly.

JUDGE Tambaskar.