Sonu @ Irshad Hussain Abdul Khalique (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Chandur Bazar Dist. Amravati

1 ba711.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 711 OF 2017 (SONU @ IRSHAD HUSSAIN ABDUL KHALIQUE...VS...STATE OF MAH. THR. P.S.O. PS CHANDUR BAZAR, DIST. AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. N. Ali, Advocate for Applicant.

Shri S. P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : 1 st AUGUST , 2017.

The applicant is arrested on 10th May, 2017 in connection with Crime No.172 of 2017 registered by the nonapplicant for offence punishable under Section 307 of the Indian Penal Code and Section 4/25 of the Arms Act. The accusations against the applicant are that getting infuriated after exchange of words, the applicant picked-up a sword kept in his house and assaulted the complainant causing grievous injury.

The charge-sheet is filed on 3rd July, 2017. The non-applicant has not been able to point out that further custody of the applicant is required for investigation. The application is opposed on the ground that the applicant resides in the same locality where the complainant is also residing and if the applicant is released on bail, there is a chance of untoward incident and that the applicant may threaten the complainant.

2 ba711.17 The learned advocate for the applicant has submitted that the applicant will stay away from Thugaon Pimpari till the trial concludes.

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

The applicant having been arrested in connection with Crime No.172 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond for Rs.20,000/- and furnishing one solvent surety in the like amount.

The applicant shall not enter Thugaon Pimpari till the trial concludes, unless granted permission by the Sessions Court.

The applicant shall be released only after he provides the address where he will be residing till the conclusion of trial.

The applicant shall attend the trial before the Sessions Court regularly on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE PBP