Bombay High CourtABA/587/2015others disposed off

Sheikh Hafiz S/O Sheikh Majid, v. State Of Maharashtra, Through Police Station Officer, P.S. Mankapur

2016-02-18Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba587.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.587 OF 2015 (SHEIKH HAFIZ SHEIKH MAJID...VS..STATE OF MAH., THR. PSO, PS MANKAPUR, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 18, 2016.

Heard Shri E.N. Quazi, advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant. The applicant has filed this application seeking pre-arrest bail apprehending arrest in the crime registered against him by the non-applicant for the offences punishable under Sections 376, 420 and 506 of the Indian Penal Code. This Court granted ad-interim order in favour of the applicant on 6th November, 2015. Ms Shahina Parveen (wife of the applicant) has filed affidavit sworn on 13th January, 2016 stating that the marriage between the applicant and Shahina Parveen has been solemnized on 20th December, 2015. A copy of Nikah Nama (Marriage Certificate) is filed along with the affidavit. Ms Shahina Parveen has stated in the affidavit that the applicant is taking due care and performing all the liabilities which he is required to perform as husband. It is further stated that she has no grievance against the applicant and the ad-interim order granting pre-arrest bail may be confirmed.

2 aba587.15 Shri E.N.Quazi, advocate for the applicant has submitted that Criminal Application (APL) No. 102 of 2016 is filed before this Court on 09/02/2016 praying for quashing of the first information report filed by Ms Shahina Parveen. It is submitted that the above application is pending before the Division Bench for consideration. In the above facts, I am satisfied that ad-interim order, granted on 6th November, 2015, is required to be confirmed.

Hence, the following order :

i) In the event of arrest in Crime No. 54 of 2015, registered by the non-applicant, the applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.Twenty Five Thousand with one solvent surety in the like amount.

ii) Needless to say that this order shall be subject to the orders passed or which may be passed in Criminal Application (APL) No. 102 of 2016.

Criminal Application (ABA) No. 587 of 2015 is disposed of in the above terms. JUDGE RRaut..