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Bombay High CourtABA/381/2017allowed

Latifkha Daulatkha Pathan And Another v. State Of Maharashtra Thr. Police Station Officer, Police Station Shirpur Jain Tq. Malegaon Washim

2017-06-23Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba381.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.381/2017 Latifkha Daulatkha Pathan and another ..Vs..

State of Maharashtra, through its Police Station Officer, Police Station Shirpur Jain, Tq. Malegaon, Distt. Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Kurekar, Adv. for the applicants.

Shri V.R. Thakre, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 23.6.2017.

Heard.

The applicants, apprehending arrest in crime registered against them and others for the offence punishable under Sections 143, 147, 148, 149, 324, 504 and 506 of the Indian Penal Code, have sought pre-arrest bail.

The crime is registered on the complaint of Sheikh Sattar that when his nephew Samir had gone in the lane to attend natures call he is assaulted by the accused. According to the investigating agency, the accused assaulted Samir as according to them Samir used to peep inside the house of the accused and instead of warning he did not stop peeping in the house. The facts on record show that Samir is beaten with sticks.

The applicants claim that they are Agriculturists and are not involved in any other crime /

2 aba381.17 offence. Eight co-accused are released on bail as per the order passed by the Sessions Court and two co-accused are granted interim protection by this Court by the order passed on 21st June, 2017.

The non-applicant has not been able to point out that custody of the applicants is required for further investigation.

In the above facts, the following order is passed:

In the event of arrest in Crime No.103/2017 registered by the non-applicant, the applicants be released on bail on executing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand).

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