Bombay High CourtABA/749/2016dismissed

Javed Ali S/O. Meer Ali Karar v. State Of Maharashtra Thr. P.S.O. Chandur Bazaar Amravati

2017-06-08Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba749.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.749/2016 Javed Ali S/o Meer Ali Karar ..Vs..

State of Maharashtra, through P.S.O. Chandur Bazar, 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 N.S. Giripunje, Adv. for the applicant.

Shri M.J. Khan, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 8.6.2017.

Heard.

The applicant has sought pre-arrest bail in crime registered against him and 8 others for the offence punishable under Sections 307, 504, 506 read with Section 34 of the Indian Penal Code. By order passed on 11th November, 2016 the applicant is granted interim protection.

The submission on behalf of the applicant is that he is not involved in crime / offence and he has been falsely implicated. It is further submitted that there is no complaint against him that he has misused the interim protection granted by this Court by the order passed on 11th November, 2016.

The investigation agency has opposed the application on the ground that the custodial

2 aba749.16 interrogation of applicant is required for further investigation and for recovery of the weapon used in the crime. It is further submitted that 16 other crimes are registered against the applicant.

Considering the facts of the case I am not inclined to continue interim protection and to grant prayer made in the application. The application is dismissed. As the applicant enjoyed interim protection granted by this Court for more than 7 months, it is directed that the applicant shall surrender within one week. If the applicant fails to surrender within one week, his conduct may be taken note of at all subsequent stages of the proceedings.

JUDGE Tambaskar.