Sheikh Yakub Sheikh Kasam And 2 Others v. State Of Maharashtra Thr. Pso Of Ps Washim City, Dist Washim

aba446of2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) 446 OF 2020 (Sheikh Yadub Sheikh Kasam and ors..vs.. State, thr PSO, PS Washim City Dist. Washim) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Shri M.N. Ali, counsel for applicants.

Shri C.A. Lokhande, APP for non-applicant.

CORAM: ROHIT B. DEO, J.

DATE:30.09.2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard.

3.

The only role which is attributed to the applicants is assault by fists and feet. Obviously, there is nothing to recover and even otherwise custodial interrogation does not appear to be necessary. 4.

While protecting the applicants vide order dated 4.8.2020, this Court directed the applicants to attend the police station and to cooperate with the Investigating Officer. The State has filed affidavit in response. It is not the case of the prosecution that the applicants have either not attended the Police Station or have not cooperated in the investigation. On the contrary, paragraph 5 of the affidavit in response states that the applicants did attend the police station and

aba446of2020 their blood samples were taken and sent for chemical analysis. Considering the nature of the accusations and other attending circumstances, the interim order dated 4.8.2020 is made absolute with the modification that the applicants shall attend Police Station Washim City as and when required by the Investigating Officer.

5.

The applicants shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the investigation.

6.

The applicants shall not leave the country without the permission of the trial Court.

Judge Belkhede RS