Sheikh Rauf Sheikh Chand (In Jail) v. State Of Maharashtra Thr. Police Officer, Police Station Pusad, Tq. Pusad Dist. Yavatmal

1 ba385.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.385/2017 Sheikh Rauf Sheikh Chand ..Vs..

State of Maharashtra, through Police Officer, Police Station Pusad, Tq. Pusad, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.U. Nemade, Adv. for the applicant.

Shri V.R. Thakre, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 22.6.2017.

Heard.

The applicant is arrested on 11th January, 2017 in crime registered against him for the offence punishable under Section 354(A) of the Indian Penal Code and Section 3(1)(W)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the accusations that he had used abused the victim because of which the victim consumed poison and was required to be hospitalized.

The application is opposed on the ground that earlier also the applicant had misbehaved with the same girl (victim) and Crime No.186/2016 for the offence punishable under Sections 354 and 452 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is registered against the applicant.

The investigation is complete and charge-

2 ba385.17 sheet is filed on 9th March, 2017. The non-applicant has not been able to show that the custody of applicant is required for further investigation. In the facts of the case, I find that the applicant is entitled to be released on bail, however, in my view, it would be appropriate to impose conditions on the applicant as follows: The applicant having been arrested in Crime No.19/2017 registered by the non-applicant, he be released on bail on furnishing cash security of Rs.25,000/- (Rs. Twenty Five Thousand) and one solvent surety in the like amount.

The applicant shall not enter Shivaji Ward, Pusad till the conclusion of the trial.

The application is allowed in the above terms.

JUDGE Tambaskar.