Syed Sameer Syed Rauf v. The State Of Mah.Thro. P.S. O. P.S. Barshitakli, Dist Akola.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LD-VC-BA No. 37 OF 2020 Syed Sameer Syed Rauf and others .Vs. State of Maharashtra, through PSO, PS, Barshitakli, Dist. Akola _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

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and Registrar'

s Orders.

Mr. M.N. Ali, Advocate for applicants.

Mr. S.M. Ukey, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : MAY 19, 2020 Heard Mr. Ali, learned counsel for the applicant and Mr. Ukey, learned Additional Public Prosecutor for non applicant-State.

The applicants are arrested on 14.04.2020 and 21.04.2020 in connection with Crime No.171/2020 registered with Police Station, Barshitakli, Dist. Akola for an offence punishable under Sections 307, 504 read with Section 34 of the Indian Penal Code and under Sections 4 and 25 of the Arms Act and since then they are in jail. The crime in which the applicants are arrested was registered in view of the report lodged by Imran Khan Salamulla Khan. The incident is dated 13.04.2020. For the very same incident, another First Information Report (FIR) i.e. Crime No.170/2020 is registered on the basis of the report lodged by Sayyed Imran Sayyed Rauf, the brother of

the applicants. Copy of the FIR would show that dispute arose in respect of construction of drainage. Since, there is a counter FIR and the applicants are in jail for a considerable period, I am of the view that the applicants can be released on bail. Hence, I pass the following order:

ORDER

(i) The Criminal Application is allowed.

(ii) Applicant Nos. (1) Syed Sameer Syed Rauf, (2) Sayed Irshad Syed Rauf, (3) Syed Iliyas Syed Rauf and (4) Corrected as per order dated 22.05.2020 Syed Nadim Syed Rauf "Syed Nadim Syed Yunus" be released on bail in connection with Crime No.171/2020 registered with Police Station, Barshitakli, Dist. Akola for an offence punishable under Sections 307, 504 read with Section 34 of the Indian Penal Code and under Sections 4 and 25 of the Arms Act, on they executing PR bond in the sum of Rs.10,000/- each, with one solvent surety of the like amount by each of them.

(iii) The applicants shall attend Police Station, Barshitakali, Dist. Akola once in a week, preferably on every Thursday from 03:00 p.m. to 05:00 p.m. for next six months. It shall be open for the applicants to file an application for relaxation in condition after a period of six months. (iv) Hearing was conducted through video conferencing and the learned counsel agreed that the audio

and visual quality was proper.

(v) The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law. The application is disposed of JUDGE srwagh