Asif S/O Abdul Rahuf Soudagar And Others v. State Of Mah. Through Police Station Officer, Dharni

aba.287.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.287 of 2018 Asif Abdul Rahuf Soudagar and others vs.

State of Maharashtra, through P.S.O. Dharni, District Amravati =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.S. Kilor, Advocate for the Applicants. Shri S.D. Sirpurkar, A.P.P. for the Non-Applicant-State.

CORAM

: S.B. SHUKRE, J.

DATE : 24 th APRIL, 2018.

Heard.

Issue notice to the non-applicant/State.

The learned A.P.P. waives service of notice on behalf of the State and files on record reply of the prosecution.

Perused the F.I.R. and the reply of the prosecution. The reply of the prosecution does not reveal any incriminating material against these applicants. The F.I.R. has been registered against these applicants purely on the basis of suspicion. But it is seen that there is no reasonable basis for registration of this crime.

It is stated in the reply that these applicants did not turn up at the Police Station along with the interim anticipatory bail order and the order was sent to the Police Station through their Advocate and in the opinion of the Investigating OfÏcer, this amounted to violation of the terms of ad interim bail granted to these applicants.

The copy of the order granting ad interim anticipatory bail has not been filed on record by the

aba.287.18 2/2 prosecution along with the reply. However, it is made available for my perusal by the learned Counsel for the applicants. It only says that Hamdast allowed thereby meaning copy of the bail order could be delivered at the Police Station by the applicants in person or their duly authorised representative. There is another condition mentioned in the order and it clearly says that the applicants would be required to attend the Police Station only when they are called by the Investigating OfÏcer. Obviously, there is no breach of the terms and conditions of the interim anticipatory bail order. Reply of the prosecution does not say that the Investigating OfÏcer had summoned these applicants and they disobeyed the same.

In view of the above, I am inclined to allow the application.

The application is allowed and it is directed that in the event of arrest of the applicants in Crime No.122/2018 registered with Police Station Dharni, District Amravati, the applicants be released on bail on each of their furnishing a P.R. Bond of Rs.20,000/- together with one solvent surety in the like sum on the following conditions :

i.

The applicants shall attend the concerned police station as and when required by the Police.

ii. They shall co-operate with the Investigating OfÏcer in the investigation of the case.

iii. They shall not tamper with the prosecution witnesses in any manner.

The application is disposed of.

JUDGE *sandesh