Arfaat Husain Zakir Husain (In Jail) v. State Of Maharashtra, Thr. P.S.O. Akot, Tq. Akot, Dist. Akola

ba731.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.731/2019 Arfaat Husain Zakir Husain .vs. State of Maharashtra through PSO P.S. Akot, Tq. Akot, Dist. Akola _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. B. Mirza, Advocate for applicant.

Mr. N. R. Rode, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : AUGUST 28, 2019 Heard Mr.Mirza, learned counsel for applicant and Mr. Rode, learned A.P.P. for non applicant-State. Also perused reply filed on behalf of present non applicant. Applicant is arrested on 21.06.2019 in connection with Crime No.258/2019 registered with Police Station, Akot, Tq. Akot, Dist. Akola for an offence punishable under Sections 307, 504 read with Section 34 of the Indian Penal Code. The report is lodged by injured himself. As per the reply and injury certificate, the injured suffered four injuries. Out of them, two are incised wounds. According to prosecution, applicant is author of the injuries. Police has also seized knife at the behest of present applicant. Injured was admitted on 20.06.2019 and discharged from the hospital on 30.06.2019. Thus, there is no possibility of the crime being converted into a graver one. As per reply, the dispute arose between applicant and injured due to dispute between the children.

ba731.19.odt Looking to the investigation papers, it is clear that investigation is almost over and only formality of filing of charge-sheet is required to be done.

In that view of the matter, I pass following order.

ORDER

(i) The application is allowed.

(ii) Applicant-Arfaat Husain Zakir Husain be released on bail, in connection with Crime No.258/2019 registered with Police Station, Akot, Tq. Akot, Dist. Akola for an offence punishable under Sections 307, 504 read with Section 34 of the Indian Penal Code, on he executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) Applicant is directed to attend Police Station, Akot, Tq. Akot, Dist. Akola twice a week i.e. on every Monday and Tuesday and shall be with investigating officer from 11.00 a.m. To 05.00 p.m., till filing of charge-sheet. The application is disposed of.

JUDGE kahale