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Bombay High CourtABA/1324/2015anticipatory bail granted

Mubeen Alias Anna Mehibubsab Shaikh v. The State Of Maharashtra

2015-11-20Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1324 OF 2015 Mubeen alias Anna Mehibubsab Shaikh .. Applicant v/s.

The State of Maharashtra ..Respondent Mr. V.V. Purwant for the applicant Mrs. R.V. Newton, APP for respondent State CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 20th NOVEMBER, 2015.

P.C.

1.

This is an application for anticipatory bail filed by the aforesaid applicant apprehending his arrest in C.R. No.145 of 2015 registered with MIDC Police Station, Solapur for the offence under Sections 307 r/w 34 of the IPC.

2.

Heard the learned Counsel for the applicant and the learned APP for the State.

3.

The FIR prima facie reveals that on 05.08.2015, the

applicant hereby had assaulted the complainant Ramiz Dupatghar by means of a broken soda bottle. The learned Counsel for the applicant has placed on record and the the Medico­Legal Certificate. A perusal of which shows that the complainant had sustained injuries on nose and CLW near the left eyebrow. Both the injuries were caused by hard and blunt object and are simple in nature. Considering the nature of injuries of allegations levelled against the applicant, in my considered view, this is not a case which justifies custodial interrogation. 4.

Hence, the application is allowed on the following terms and conditions.

(i) In the event of arrest of the applicant in C.R. No.145 of 2015, the applicant is ordered to be released on bail on furnishing the bail bonds of Rs.20,000/­ with one surety in the like amount to the satisfaction of the learned J.M.F.C., Solapur.

(ii) The applicant shall report to the Investigating Officer for 7 days between 10.00 a.m. to 1.00 p.m. or as and when required by the I.O. for the purpose of investigation and interrogation. (iii) The applicant shall not leave Solapur District till filing of the charge­sheet without prior permission of the Magistrate. (ANUJA PRABHUDESSAI, J.)