Bombay High CourtBA/478/2017allowed

Israil Khan @ Issu Ainulla Khan And Another (In Jail) v. The State Of Maharashtra Thr. P.S.O. Ps Grp Badnera Dist. Amravati

2017-07-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba478.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 478 OF 2017 (ISRAIL KHAN @ ISSU AINULLA KHAN AND ANOTHER...VS.. STATE OF MAH. THR. P.S.O. PS BADNERA, DIST.AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. N. Ali, Advocate for Applicant.

Shri S. P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : 4 th JULY, 2017.

The learned advocate for the applicants state that the application of applicant No.2 is not pressed and seeks permission to withdraw it.

The application of applicant No.2 - Irshad Khan @ Irshu Afroz Khan is dismissed as withdrawn.

The applicant No.1 is arrested on 26th January, 2017 in connection with crime registered against him and four others for the offence punishable under Section 395 of the Indian Penal Code, on the accusations that they have committed dacoity in Bhusawal-Nagpur passenger near Malkhed, on night intervening between 25th January, 2017 and 26th January, 2017 and have looted Rs.2,800/- from the complainant Dagdu Nyanba Kapkar.

The charge-sheet is filed on 20th April, 2017. The applicant No.1, aged about 25 years, claims to be a Auto driver and has stated that he is not involved in any other

2 ba478.17 crime/offence. The non-applicant has not been able to show that the custody of the applicant No.1 is required for further investigation.

In the facts of the case, following order is passed : The applicant No.1 - Israil Khan @ Issu Ainulla Khan having been arrested in connection with Crime No.22 of 2017, he be released on bail on executing P. R. Bond of Rs.20,000/- and furnishing one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE PBP