Bombay High CourtABA/372/2020allowed

Shaikh Salim Shaikh Taj v. State Of Mah. Thr. Pso Nagpur Gate Amravati Distamravati

2020-07-21Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

2107aba145.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LD-VC- CRIMINAL APPLICATION (ABA) NO. 145 OF 2020 (Shaikh Salim Shaikh Taj vs. The State of Maharashtra thr. PSO, Nagpur Gate, Amravati, District - Amravati) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri M.V. Rai, Advocate for the applicant.

Shri M.K. Pathan, APP for the non-applicant.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

JULY 21, 2020.

Heard Shri Rai, learned counsel for the applicant and Shri Pathan, learned APP for the nonapplicant, through video conferencing. The applicant is already granted ad-interim protection vide order dated 29.05.2020.

It is stated that the sons of the present applicant i.e. accused Nos. 1 & 2 are already released on regular bail.

A perusal of the First Information Report and the affidavit-in-reply on behalf of the State does not reveal any serious role attributed to the present applicant. As per prosecution story, he assaulted the brother of the injured who came for his rescue, with wooden stick. The injury report of the brother of injured does not reveal any serious injury except one abrasion and one contusion. The main accused, who used deadly

2107aba145.20 weapon and caused stab injury i.e. accused No. 1 is already on bail.

The learned APP also could point out any criminal antecedents against the present applicant. Considering the role attributed to the present applicant, in my opinion, his custodial interrogation is not warranted and, therefore, ad interim protection granted to him is hereby confirmed on the same terms and conditions.

Criminal Application is allowed and disposed of accordingly.

This order be communicated to the counsel appearing for the parties, either on the email address or on Whatsapp or by such other mode, as is permissible in law.

JUDGE *GS.