Javed Khan Sardar Khan v. State Of Maharashtra, Thr. P.O. P.S. Pusad, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA)482 OF 2016 (Javed Khan Sardar Khan Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. M. Haque, Advocate for the applicant. Shri A. V. Palshikar, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 28 JULY, 2016 Heard.

It is the specific submission of the applicant that the complainant Smt. Munnibi is in the habit of making similar allegations and filing similar complaints against other persons. In support of this contention, papers relating to the previous complaint filed by Munnibi are produced before this Court by the learned Counsel for the applicant. They are taken on record and marked collectively as document 'X'. Paragraph-7 of the application incorporates the said contention. However, reply of the prosecution, it appears, does not deal with it. The documents at 'X' indicate that previously similar complaint was filed by the complainant in this case against one Sheikh Afroz in which after investigation, it was found that no offence was disclosed. Therefore,

police filed 'B' summary report before the Magistrate, which is presently pending.

In view of the above and also owing to the fact that no custodial interrogation would be required, this applicant deserves to be released on bail. Hence, the order.

The application is allowed and it is directed that in the event of arrest of the applicant in Crime No.217/2016 registered against him for the offence punishable under Section 354 of the Indian Penal Code at police station Pusad (City), the applicant be released on bail on his executing a P. R. Bond in the sum of Rs.15,000/- together with one solvent surety in the like amount on the conditions that he shall attend the police station as and when required by the police, shall cooperate with the police in the investigation and shall not tamper with the prosecution witnesses.

JUDGE wwl

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

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