Shahida Bano W/O. Shaikh Daud v. State Of Maharashtra Thr. P.S.O. P.S. Wadgaon Road, Yavatmal Agp Yavatmal

aba590.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.590/2017 Shahida Bano w/o Shaikh Daud ..vs.. State of Maharashtra thr. PSO P.S. Wadgaon Road, Yawatmal & AGP, Yawatmal.

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

and Registrar's Orders.

Mr. J. Y. Ghurde, A.P.P. for applicant.

CORAM : V.M. DESHPANDE, J.

DATED :

AUGUST 31, 2017 None for the applicant even on the second call. Mr. J.Y. Ghurde, A.P.P. for non applicant The present applicant is apprehending her arrest in connection with Crime No.461/2017 registered with Police Station, Wadgaon Road, Yawatmal for an offence punishable under Sections 143, 147, 148, 149, 294, 324, 326, 452 and 506 of the Indian Penal Code. The FIR states that the brother of the first informant is the husband of the present applicant and there is matrimonial discord amongst the applicant and her husband. The custody of the child was with the husband of the present applicant. Since the applicant is cleaner of a truck, while he was out of the town for his work, the applicant along with other accused tried to barge into the house of the complainant and tried to grab the custody of the minor child. At that time, the coaccused gave a blow of Sattur on the leg of one Shaikh Rajik.

aba590.17.odt The investigation papers show that there is no role of the present applicant in attack. Further, there is a matrimonial discord between the applicant and her husband. This Court had already granted ad interim anticipatory bail in favour of the present applicant on 18.08.2007. There is nothing on record to show that the present applicant has misused the liberty granted to her. In that view of the matter, custodial presence of the applicant is not necessary. Hence, following order is passed.

ORDER

(i) Criminal Application No.590/2017 is allowed.

(ii) Applicant-Shahida Bano w/o Shaikh Daud be released on bail in connection with Crime No.461/2017 registered with Police Station, Wadgaon Road, Yawatmal for an offence punishable under Sections 143, 147, 148, 149, 294, 324, 326, 452 and 506 of the Indian Penal Code, on she executing P.R. Bond in the sum of Rs.5,000/- with one solvent surety in the like amount. (iii) The applicant shall not try to make any overt act to get the custody of the minor child except under the orders from the competent Court.

JUDGE kahale