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Bombay High CourtBA/378/2016allowed

Shaikh Nazim Shaikh Mahemood v. State Of Maharashtra, Thr. P.S.O. P.S. Khamgaon, Rural, Buldhana

2016-05-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba378.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.378 OF 2016 (Shaikh Nazim Shaikh Mahemood ..vs.. State of Maharashtra, through PSO, PS Khamgaon, Rural, District Buldhana) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : 04-05-2016 Heard Shri V.B. Bhise, Advocate for the applicant and Shri S.M. Bhagde, Additional Public Prosecutor for the non-applicant.

2.

The applicant is arrested on 25-03-2016 for offence punishable under Section 379 of the Indian Penal Code, on the accusations that the applicant and Janardhan Kharat have committed theft of five bullocks of the complainant, out of which four bullocks were sold to co-accused Mohd. Azhar and his brothers.

3.

With the assistance of learned Advocate for the applicant and the learned Additional Public Prosecutor for the non-applicant, I have gone through the First Information Report and the say filed by the Investigation Officer before the Sessions Court.

4.

The co-accused Ejaj Khan and Janardhan Kharat are granted bail. The say filed by the investigating

2 ba378.16 officer before the Sessions Court does not show that custody of the applicant is required for further investigation.

Considering the nature of accusations against the applicant and the facts on record, in my view, the applicant is entitled to be released on bail. 5.

Hence, the following order :

i) The applicant having been arrested in Crime No.37/2016 registered by the non-applicant, he be released on bail, on furnishing P.R. Bond for Rs.10,000/- and one solvent surety in the like amount.

ii) The application is allowed in the above terms. JUDGE pma