← Library
Bombay High CourtABA/550/2019allowed

Salman @ Parvez Ali Akbar Ali v. The State Of Mah., Thr. Pso Sindi (Rly) Wardha

2019-08-27Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.550/2019 Salman @ Parvez Ali Akbar Ali ..vs..

The State of Mah., thr. PSO Sindi (Rly), District Wardha ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri P.A.Teni, Counsel for the Applicant.

Shri N.R.Rode, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : AUGUST 27, 2019.

1.

Heard learned counsel Shri P.A.Teni for the applicant and learned Additional Public Prosecutor Shri N.R.Rode for the State. Also, perused reply filed on behalf of the State.

2.

The present applicant is apprehending his arrest in connection with Crime No.133/2019 registered with Police Station Sindi (Rly), District Wardha for offence under Section 379 read with Section 34 of the Indian Penal Code. 3.

On 28.6.2019, Pritam Madhukar Ganjule lodged a report. As per the report, in intervening night of 27.6.2019 and 28.6.2019, when his neighbour came out of his house for answering nature's call, he saw two persons standing near vehicle of the first informant in a suspicion .....2/-

circumstance. Therefore, he shouted. Chase was made and accused Rizwan was apprehended and was arrested. According to reply, said accused Rizwan revealed name of accused No.2-Kalimkhan.

4.

In entire investigation papers, there is nothing against the present applicant for opposing the present application for grant of anticipatory bail. There is no criminal antecedents against the present applicant. 5.

In view of the fact that no overt act in the intervening night was attributed against the present applicant, in my view the present application is required to be allowed. Accordingly, I pass following order:

ORDER

(i) The criminal application is allowed.

(ii) In the event of arrest of applicant-Salman @ Parvez Ali Akbar Ali, in connection with Crime No.133/2019 registered with Police Station Sindi (Rly), District Wardha for offence under Section 379 read with Section 34 of the Indian Penal Code, he be released on bail on he executing a P.R.Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(iii) The applicant shall attend the police station on 31.8.2019 and 1.9.2019 to 8.9.2019 and shall be with Investigating Officer from 11:00 a.m. to 5:00 p.m. and shall .....3/-

extend full cooperation to Investigating Officer. (iv) With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

...../-