Baba Fakruddin Shaikh v. The State Of Maharashtra

1 918) aba357-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.357 OF 2019 Baba Fakruddin Shaikh ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Pravin U.Gaikwad for the applicant.

Mr.M.G. Patil, APP for the respondent­State.

CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 8, 2019 P.C.:­ Heard learned counsel for the applicant and learned APP for the State.

2.

Perused the order dated January 30, 2018 passed by the learned Additional Sessions Judge, Vaduj in Criminal Anticipatory Bail Application No.4/2019 arising out of crime No.26/2018 for offence punishable under sections 302, 307, 323, 504 and 506 of the Indian Penal Code registered with Mhaswad police station, District Satara, 3.

The learned Additional Sessions Judge rejected the

2 918) aba357-19.doc claim of the applicant as the applicant failed to demonstrate any apprehension.

4.

Also pursuant to the order of notice passed by the learned Sessions Court, the prosecution failed to file any report in the matter. As such, in my opinion, the Court below was justifying in rejecting the application of the applicant as no apprehension of the applicant is demonstrated.

5.

However, in the facts and circumstances of the case and in the interest of justice, suffice it to say that in case the prosecution intends to arrest the applicant in the crime in question, he be given 48 hours notice.

6.

The application is disposed of in above terms. (NITIN W. SAMBRE, J.)