Sikandar Babulal Shaikh And ANR v. The State Of Maharashtra

20. ABA 1075.18.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1075 OF 2018 Sikandar Babulal Shaikh and Anr.

... Applicants.

V/s.

The State of Maharashtra.

... Respondent.

Mr. Ritesh Thobde for the Applicants.

Mr. S.S. Hulke, APP for the Respondent ­ State. CORAM : A.S. Gadkari, J.

DATE : 27th November 2018.

P.C. :­ By a reasoned order dated 6th June 2018, the Applicants were granted interim relief.

2.

Heard learned Counsel for the Applicants and the learned APP. Perused the record.

3.

It is a matter of record that the Applicant No.1 is aged about 65 years and the Applicant No.2 is aged about 55 years. As per the First Information Report, the allegations against the Applicants are that they assaulted the injured or the other victims

20. ABA 1075.18.doc with fists and kick blows. As recorded in the order dated 6th June 2018, there is a counter case lodged by an injured witness belonging to the group of the present Applicants bearing C.R. No. 469 of 2017.

4.

After taking into consideration the peculiar facts of the present case, this Court is of the considered view that the custodial interrogation of the Applicants for further investigation of the present crime is not necessary.

5.

Interim relief granted by order dated 6th June 2018 is hereby confirmed. However, the condition to attend the concerned Police Station is waived. The Application is allowed in the aforesaid terms.

(A.S. Gadkari, J.)