Shaikh Faizal S/O. Shaikh Yusuf (In Jail) v. State Of Maharashtra Thr. Police Station Old City, Akola Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.789 OF 2017 Shaikh Faizal s/o Shaikh Yusuf ..vs.

State of Maharashtra, thr. Police Station Old City, Akola Taluka and District Akola ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... \ Shri N.R. Tekade, Counsel for the applicant.

Shri J.Y. Ghurde, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 4, 2017.

Heard learned counsel Shri N.R. Tekade for the applicant and learned Additional Public Prosecutor Shri J.Y. Ghurde for the State.

This is an application under Section 439 of the Code of Criminal Procedure for bail.

The applicant is arrested on 28.4.2017 in connection with Crime No.126 of 2017 registered with Police Station Old City, Akola for the offences punishable under Sections 295, 323, 324, 354, 427, and 452 read with Section 34 of the Indian Penal Code and Sections 4 and 25 of the Arms Act read with Section 3(1)(r)(s)(t)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The investigation is over and the charge-sheet is .....2/-

already filed.

Looking to the nature of the accusations made against the present applicant and the fact that entire investigation is over, I see no reason for further incarceration of the applicant in jail. The interest of the prosecution can also be secured by imposing the conditions. Hence, I pass the following order:

ORDER

i) The criminal application is allowed.

ii) The applicant be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with one solvent surety of the like amount in connection with Crime No.126 of 2017 registered with Police Station Old City, Akola for the offences punishable under Sections 295, 323, 324, 354, 427, and 452 read with Section 34 of the Indian Penal Code and Sections 4 and 25 of the Arms Act read with Section 3(1)(r)(s)(t)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

iii) The applicant shall attend the Police Station Old City, Akola twice a week i.e. on every Monday .....3/-

and Friday in between 3:00 p.m. and 5:00 p.m., till the Trial is over.

iv) The applicant shall not tamper with the prosecution witnesses nor shall extend threats to any of the prosecution witnesses.

v) With this, the criminal application is disposed of.

JUDGE !! BRW !!

...../-