Sheikh Musa Sheikh Nijamuddin And Another v. State Of Maharashtra, Thr. R.F.O. Maregaon Regional, Yavatmal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 584 OF 2016 (Sheikh Musa Sheikh Nijamuddin and another Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mir Nagman Ali, Advocate for the applicants. Shri R. S. Nayak, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : AUGUST 11, 2016 Reply of the prosecution is taken on record.

Heard learned Counsel for the applicants and the learned A.P.P. for the State. Perused the reply and the case-diary.

From the allegations made in this crime, prima facie, it appears that the case would be more of a theft and violation of the provisions of the Indian Forest Act than of a dacoity punishable under Section 395 of the Indian Penal Code. The stolen property has been seized. Besides, the applicants were not present on the spot when the commission of theft was discovered. Whatever evidence is there, it is only in the nature of call detail records. The major part of the investigation is already over and, therefore, now no purpose would be served by keeping the applicants in jail for any longer period of time. Hence, the

2 1108ba584.16 order.

The application is allowed.

The applicants shall be released on bail on each of them furnishing a P. R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like amount on the conditions that they shall regularly attend the Court on the dates fixed in the matter, shall cooperate with Court for expeditious disposal of the case and they shall furnish their permanent addresses together with their legally acceptable proof.

Hamdast is granted.

JUDGE wwl

3 1108ba584.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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