Samir Shah Rafique Shah (In Jail) v. State Of Maharashtra Thr. P.S.O., Dhamangaon Badhe P.S.,

1 916ba1122.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1122/2018 Samir Shah Rafique Shah V/s State of Maharashtra, Thr. PSO. Dhamgangaon Badhe, PS Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mir Nagman Ali, counsel for the applicant. Shri H.D. Dubey, APP for the non-applicant/State. CORAM : M.G. GIRATKAR, J DATE : 18.12.2018.

Heard Shri Mir Nagman Ali, learned counsel for the applicant.

From perusal of the charge-sheet it appears that the contradictory dying declarations are made by the deceased. She has not given name of the applicant in the first dying declaration whereas in the second dying declaration, she has stated the name of the applicant. Mobin Shah Amir Shah (one of the accused in the present crime) is released by this Court on bail, but the main accused husband of the deceased is in jail. Hence, the following order:

The application is allowed.

(i) The applicant be released on bail on executing P.R. bond of Rs. 25,000/- with one solvent surety in the like amount.

2 916ba1122.18 (ii) The applicant shall not tamper with the prosecution witnesses.

(iii) The applicant shall attend the trial on each and every date before the trial Court.

(iv) The applicant shall attend the Police Station, Dhamangaon Badhe, District - Buldhana, once in a month till completion of the trial.

JUDGE rkn