Naziya @ Nashiya Parveen W/O Shahadat Khan v. State Of Maharashtra, Through P.S.O. P.S. Anjangaon Surji,

aba651.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.651/2015 (Naziya @ Nashiya Parveen w/o Shahadat Khan ..vs.. State of Maharashtra, through PSO P. S. Anjangaon Surji, Dist. Amravati) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. B. H. Tekam, Advocate for applicant.

Mr. Khan, A.P.P. for non applicant-State.

CORAM : A. B. CHAUDHARI, J.

DATE :

DECEMBER 16, 2015.

Heard learned counsel for the rival parties.

Learned counsel for the applicant invited my attention to the orders of bail passed by this Court as well as the trial Court in respect of all other accused who have been released on bail. The learned counsel further submits that reading of the investigation papers shows absolutely nothing against the applicant and, therefore, she should be released on anticipatory bail. She has been shown absconding when as a matter of fact she is residing at Lakhad and is a household lady residing with her husband. Mr. Khan, learned A.P.P. submits that since other accused have applied for regular bail, the applicant should follow the suit.

However, on perusal of the case papers and in the circumstances of the case, I am satisfied that there is no need for the applicant to go for

aba651.15 regular bail when, prima facie, there is no case made out against her. Hence, I make the following order.

ORDER

(i) Criminal Application No.651/2015 is allowed.

(2) The applicant-Naziya @ Nashiya Parveen w/o Shahadat Khan, in the event of arrest in Crime No.41/2015, registered with Police Station, Anjangaon Surji, Dist. Amravati for an offence punishable under Sections 304-B, 498-A, r/w 34 of the IPC, be released on bail on she executing P.R. Bond in the sum of Rs.10,000/- with one surety in the like amount.

(3) The applicant shall not tamper with the prosecution case and shall not influence the witnesses.

JUDGE kahale