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Bombay High CourtABA/549/2015allowed

Rahil Ahmad S/O Mohd. Iliyas And Others v. State Of Maharashtra, Through Its P.S.O. Frezarpura Police Station, Amravati

2016-01-06Hon'Ble Shri Justice A.B. Chaudhari2 pages

06.01.aba.549.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 549/2015

(1. Rahil Ahmad s/o Mohd.Iliyas and 3 others vs. State of Maharashtra ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. Anil Mardikar, Sr. Advocate with Shri S.G.Joshi, Adv. for applicants Mr. H.R. Dhumale, APP for respondent -State CORAM: A.B.CHAUDHARI, J.

DATED : 6th January, 2016.

Heard learned counsel for the rival parties.

Perused the contents of the First Information Report as well as the statement of the complainantwife, in which it is stated that she had fallen accidentally and suffered fracture. The learned senior counsel for the applicants, in support of his contention, has filed on record the document showing the expenses made by the applicant no.1 for her treatment. Looking to the nature of the dispute, this Court had made an order dated 8.12.2015 asking the counsel for the applicants to serve the complainant-wife, for obtaining her views. The learned senior counsel for the applicants has now shown the reply to the notice sent by him, in which complainant-wife has categorically stated that she would never like to reside with the applicants. Be that as it may, prima facie, I am satisfied that the applicants deserve to be granted the relief of anticipatory bail. Hence the following order:-

06.01.aba.549.15 Order Rule is made absolute in terms of the interim order dated 21st October, 2015 made by this Court, with conditions that the applicants shall cooperate with the Investigating Officer and shall not tamper with the prosecution evidence.

JUDGE sahare