Shaikh Yasimn @ Abdul Gani Shaikh Races And 3 Others v. State Of Mah. Thr. Pso Ps Pimpalgaon Raja Tq. Khamgaon Dist.Buldhana

1 31-ABA345-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 20 (SHAIKH YASIMN @ ABDUL GANI SHAIKH RACES & OTH....VS.. STATE OF MAH. THR. PSO PS PIMPALGAON RAJA, DIST. BULDANA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D.Chande, Advocate for Applicants.

Ms Mrunal Barabde, A.P.P. for Non-applicant/State. CORAM : A NIL S. KILOR , J.

DATED : JUNE 17 , 20 .

1.

Heard.

2.

At the outset, the learned counsel for the applicant submits that he does not want to press this application qua the applicant No.1-Shaikh Yasimn @ Abdul Gani Shaikh Races.

3.

The statement is accepted.

4.

By this application under Section 438 of the Code of Criminal Procedure the applicant Nos. 2, 3 and 4 are praying for grant of pre-arrest bail in connection with Crime No.83 of 2022, registered with Police Station, Pimpalgaon Raja, District: Buldana for the offences punishable under Sections 306, 498-A, 323, 504, 506, read with Section 34 of the Indian Penal Code.

2 31-ABA345-2022 5.

The learned counsel for the applicant submits that the applicant Nos. 2 to 4 have been falsely implicated in the alleged offence. It is further submitted that no role is attributed against them. However, general allegations are made. Accordingly, he prays for grant of bail. 6.

The learned A.P.P. strongly opposes the application.

7.

I have perused the case diary and the F.I.R.

8.

From the contents of the F.I.R., prima-facie, it appears that no specific role is attributed against the applicant Nos.2, 3 and 4.

9.

There is prima facie no incriminating material is available against the applicant Nos.2, 3 and 4. Thus, I am of the opinion that custody of these applicants, is not necessary. Accordingly, I pass the following order: i) The application qua the applicant No.1-Shaikh Yasiman @ Abdul Gani Shaikh Races is disposed of as not pressed.

ii) The application qua the applicant Nos. 2, 3 and 4 is allowed.

iii) The order dated 19/05/2022, granting adinterim anticipatory bail qua the applicant

3 31-ABA345-2022 No.2-Shaikh Races Shaikh Gani, applicant No.3-Saeedabi Shaikh Races and applicant No.4-Shaeedabi @ Shamshadbi Shaikh Races, is confirmed.

iv) The applicant Nos. 2 to 4 shall attend the concerned Police Station as and when their presence is required.

v) The applicant Nos. 2 to 4 shall not tamper with the prosecution evidence.

vi) The applicant Nos. 2 to 4 shall not leave the jurisdiction of the concerned Police Station without leave of the Court.

The Criminal Application is disposed of accordingly.

JUDGE RRaut..

Signed By:RAJIV BABARAO RAUT PRIVATE SECRETARY