Bombay High CourtABA/372/2017allowed

Aftab Husain S/O. Altamash Husain v. State Of Maharashtra Thr. Police Station Officer Akot Tq. Akot Dist. Akola

2017-06-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba372.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 372 OF 2017 (AFTAB HUSAIN ALTAMASH HUSAIN...VS.. STATE OF MAH. THR. P.S.O. AKOT, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.B.Kalwaghe, Advocate for Applicant.

Shri A.D.Sonak, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 20, 2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code has sought pre-arrest bail. According to the Investigating Agency crime is registered on the complaint lodged by Farhan Ali Ashpaque Ali that there was some altercations between Babar Hussain and Jamiruddin Alimoddin and when the complainant intervened Babar Hussain caught-hold of the complainant and the applicant/ accused assaulted the complainant by a knife below waist.

The applicant claims to be aged about 22 years and student of B.Sc. (Biology) Fourth Semester and has stated that he is not involved in any other crime/ offence. These facts are not controverted by the non-applicant. This Court has granted interim protection to the applicant by the order passed on 6th June, 2017. It is not the

2 aba372.17 complaint of the non-applicant that the applicant has misused the protection granted by this Court and has not co-operated with the investigation.

Considering the above facts, the order passed on 6th June, 2017 granting interim protection is confirmed. The application is allowed accordingly.

JUDGE RRaut..