Bombay High CourtBA/496/2017allowed

Sameer Shah S/O Nazeer Shah (In Jail) v. State Of Maharashtra Thr. Pso Sonegaon, Police Station, Nagpur

2017-06-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba496.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 496 OF 2017 (SAMEER SHAH NAZEER SHAH...VS.. STATE OF MAH. THR. P.S.O. SONEGAON, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.P.Bhongade, adv. H/f. Shri. S.Meshram, Adv. for Applicant. Shri T.A.Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 09, 2017.

Heard.

The applicant is arrested on 9th February, 2017 in crime registered against him and another co-accused for the offence punishable under Section 392 read with Section 34 of the Indian Penal Code on the accusation that they snatched away purse of complainant-Sunita in which the complainant had kept her cellphone. It is on record that earlier also the applicant is booked for an offence punishable under Section 379 of the Indian Penal Code and he was released on bail. Chargesheet is filed on 21st March, 2017.

From the copy of the reply of the Investigating Agency, which was filed before the Sessions Court, it cannot be said that the Investigating Agency has been able to point out that the custody of the applicant is required for further investigation.

Considering the facts of the case, I am of the view that the applicant is entitled to be released on bail, however,

2 ba496.17 looking to his background some stringent condition is required to be imposed.

Hence, the following order:

The applicant, having been arrested in Crime registered against him vide F.I.R. No. 13 of 2017 by the nonapplicant, he be released on bail on depositing cash security in the sum of Rs.Twenty Five Thousand and furnishing one solvent surety in the like amount.

The applicant shall attend the trial before Magistrate on every date unless granted exemption by the learned Magistrate.

The application is allowed in the above terms. JUDGE RRaut..