Bombay High CourtBA/438/2015others disposed off

Shaikh Jakir S/O Shaikh Shabbir (In Jail) v. State Of Maharashtra, Through P.S.O. Mehkar, Buldhana

2015-07-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba438.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.438 OF 2015.

(SHAIKH JAKIR SHAIKH SHABBIR...VS..STATE OF MAH. THR. PSO MEHKAR, DIST. BULDANA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JULY 03, 2015.

Heard Ms P.S.Choudhari, the learned advocate holding for Mr.S.A.Choudhari, advocate for the applicant and Mr. K.L.Dharmadhikari, the learned A.P.P. for the nonapplicant/ State. This is an application filed by the applicant under Section 439 of the Code of Criminal procedure for grant of bail for the offences punishable under Sections 302 and 377 of the Indian Penal Code.

The learned A.P.P. has made submissions on the basis of the documents on the record and has opposed the application.

Considering the facts of the case, specially that the investigation is completed and chargesheet has been filed and there is no criminal antecedents reported against the applicant, in my view, non-applicant should be directed to release the applicant on bail. Hence, the following order : The non-applicant shall release the applicant on bail in Crime No.36 of 2015, registered with the non-

2 ba438.15 applicant for the offences punishable under Sections 302 and 377 of the Indian Penal Code on furnishing two solvent sureties in the sum of Rs.20,000/- each, on the following conditions :

i) The applicant shall not leave Mehkar town without informing the Police Station Officer, Mehkar. ii) The applicant shall regularly attend the dates of the Sessions Trial.

iii) The applicant shall not tamper with the evidence and pressurize the witnesses.

The application is allowed accordingly.

JUDGE RRaut..