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Bombay High CourtBA/765/2019allowed

Afroz Hussain Azhar Hussain v. The State Of Mah., Thr. Pso P S Buldhana City Dist Buldhana

2019-08-29Hon'Ble Shri Justice V.M. Deshpande2 pages

290819ba765.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICAITON (BA) NO.765/2019 Afroz Hussain Azhar Hussain Vs. State of Maharashtra, through PSO, P.S. Buldhana City, Dist. Buldhana.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.N. Ali, Advocate for appellant.

Mr. V.A. Thakre, A.P.P. for non applicant / State. CORAM : V. M. DESHPANDE, J.

DATED : AUGUST 29, 2019 This is an application for regular bail. The applicant is arrested on 25.04.2019 in connection with Crime No. 171/2019 registered with Police Station Buldhana (City), Buldhana for the offence punishable under Sections 307, 324, 323, 504, 506 read with 34 of Indian Penal Code. Heard Mr. M.N. Ali the learned counsel for the applicant and Mr. V.A. Thakre the learned Additional Public Prosecutor for the non-applicant/State.

In the present case charge-sheet is already filed. The report is lodged by Shaik Salim Shaik Shamim, the injured. The charge-sheet would show that Shaikh Salim was admitted in the hospital on 04.04.2019 and he was discharged on 17.04.2019. As on today there is no report that after his discharge the injuries which he suffered in the assault allegedly made by the present applicant have worsen or became complicated. That shows that there is no possibility that the offence will be converted into more

290819ba765.19.odt graver one. Since the investigation is over and the chargesheet is filed. In my view the custodial presence of the applicant need not to be continued. The interest of the prosecution can be secured by imposing certain conditions on the applicant. Consequently, I pass following order

ORDER

(i) The application is allowed.

(ii) Applicant- Afroz Hussain Azhar Hussain, be released on bail, in connection with Crime No. 171/2019 registered with Police Station Buldhana (City), Buldhana for the offence punishable under Sections 307, 324, 323, 504, 506 read with 34 of 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, Buldhana (City), Buldhana once in a month i.e. on the third Monday of each month, till culmination of the trial. The applicant shall be with the Police Station from 02:00 p.m. to 05:00 p.m.

(iv) With this, the application is allowed and disposed of JUDGE Diwale