Abdul Kadar S/O. Abdul Rashid Sheikh v. State Of Maharashtra Thr. Pso Police Station Imamwada Nagpur Dist. Nagpur

1 aba487.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 487 OF 2017 (ABDUL KADAR S/O ABDUL RASHID SHEIKH...VS.. STATE OF MAH. THR. P.S.O. PS IMAMWADA, DISTT.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. L. Vairagade, Advocate for Applicant. Shri V. A. Thakre, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 10 th JULY , 2017.

Heard.

The applicant, apprehending arrest in connection with crime registered against him for the offences punishable under Sections 367, 324 read with Section 34 of the Indian Penal Code, has sought pre-arrest bail. The crime is registered on the complaint lodged by Jagdish Premlalji Jugele that when the complainant was sitting in the shop of his nephew the applicant came there with their associates, put a knife on his abdomen and abducted him on motorcycle.

According to the Investigating Agency, the applicant then called the nephew of the complainant to Reshimbagh Square, when the nephew of the complainant came there with his friend the applicant rushed towards him and then assaulted the complainant and tried to stab the complainant, however, it was prevented by the complainant, but in the scuffle he suffered injury on thumb and ring finger.

2 aba487.17 The applicant, aged about 38 years, claims to be running a Tea stall and has stated that he is not involved in any other crime/offence.

The application is opposed on the ground that investigation is in progress and custody of the applicant is necessary for interrogation.

The learned advocate for the applicant has pointed out the order passed by this Court in Criminal Application (ABA) No.366 of 2017 on 28th June, 2017 by which it is directed that in the event of arrest in connection with the same crime, co-accused Amit and Vishwas be released on bail.

Considering the facts of the case, following order is passed :

In the event of arrest in connection with Crime No.174 of 2017 registered by the non-applicant, the applicant be released on bail on executing P. R. Bond of Rs.10,000/-. The application is allowed accordingly.

JUDGE PBP