Bombay High CourtBA/854/2018allowed

Mohammad Javed S/O. Abdul Kadir v. State Of Maharashtra, Thr. Its P.S.O. Daryapur P.S.,

2018-10-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba854.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.854/2018 Mohammad Javed S/o Abdul Kadir and another ..Vs..

State of Maharashtra, through its Police Station Officer, Daryapur Police Station, Tq. Daryapur, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Advocate for the applicants. Shri T.A. Mirza, A.P.P. for the non-applicant. CORAM : Z.A. HAQ, J.

DATE : 3.10.2018.

Crime No.10/2018 is registered against the applicants and three others for the offence punishable under Sections 364, 302, 201, 120-B read with Section 34 of the Indian Penal Code. According to the prosecution, co-accused Altaf had been to the police station, Daryapur on 11th January, 2018 and confessed that Sharif was strangulated by the accused on 30th August, 2017. According to the prosecution, the accused strangulated Sharif as he was harassing one of the co-accused - Farjana. The applicant No.1, aged about 30 years, claims that he has a hair saloon and applicant No.2, aged about 23 years, claims to be a labour. According to the applicants, any other crime / offence is not registered against them. The applicant

2 ba854.18 No.1 is arrested on 12th January, 2018 and applicant No.2 is arrested on 14th January, 2018. The charge-sheet is filed on 11th April, 2018. The prosecution has not been able to point out that further custody of applicants is required for investigation.

In the facts of the case, following order is passed:

The applicants having been arrested in Crime No.10/2018 registered by the non-applicant, they be released on bail on furnishing cash security of Rs.50,000/- each and two solvent sureties for Rs.20,000/- each for each of the applicant.

The applicants shall attend the trial on every date unless granted exemption by the Sessions Court. The application is allowed accordingly.

JUDGE Tambaskar.