Imran S/O Sadaruzzaman Siddiqui v. State Of Maharashtra Thr. Pso Ps Sakkardara, Nagpur

aba695.20+O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.695 OF 2020 (Imran s/o Sadaruzzaman Siddiqui Vs. State of Maharashtra thr. PSO PS Sakkardara, Nagpur) WITH CRIMINAL APPLICATION (ABA) NO.696 OF 2020 (Gulam Ali s/o Zafar Ali Vs. State of Maharashtra thr. PSO PS Sakkardara, Nagpur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. P.K. Bezalwar, Advocate for Applicants.

Mr. V.A. Thakare, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 16 th DECEMBER, 2020.

The applicants are apprehending arrest in Crime 119/2019 registered with Police Station Sakkardara, Nagpur for offence punishable under sections 324, 326 read with section 34 of the Indian Penal Code.

2.

Vide order dated 17.11.2020 the applicants were extended interim protection. This Court observed thus: It reveals from impugned order that during the course of investigation, some CCTV Footage was perused in which weapon namely sword was seen and therefore, police added Section 326 of the Indian Penal Code. The time gap between incident and addition of Section 326 is material. Prima facie there is substance in the contention that though the weapon may be sword but, the injury must be the same which was received by injured. Having regard to the

aba695.20+O.odt facts, applicants have made out a case for grant of interim protection. Hence the following order. i) Issue notice to the non-applicant returnable in three weeks. Learned A.P.P. waives notice for non-applicant/State.

ii) In the event of arrest of applicant - Imran s/o Sadaruzzaman Siddiqui in Criminal Application (ABA) No.695/2020 and applicant - Gulam Ali s/o Zafar Ali in Criminal Application (ABA) No.696/2020, they be released on interim bail on their furnishing P.R. Bond of Rs.15,000/- each with one surety of like amount.

iii)They shall attend concerned police station on every Sunday between 10.00 a.m. to 12.00 noon till further orders.

3.

It is fairly stated by the learned APP Mr. Thakare that while on interim pre-arrest protection the applicants have attended the police station and the sword is recovered. 4.

Considering the nature of the accusations and the material on record, the interim protection granted vide order dated 17.11.2020 is made absolute with the only modification that till the charge-sheet is filed, the applicants shall attend the concerned police station as and when required by the Investigating Officer.

JUDGE NSN