Criminal Application under Section 438 of the Cr.P.C. for anticipatory bail. The High Court of Judicature at Bombay, Nagpur Bench, allowed the application and confirmed the interim order.
Interim order confirmed; application disposed of with bail granted to the applicant.
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08.10.aba.403.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (ABA) NO. 403 /2012
(Husna Afroz w/o Rashid Khan vs. State of Maharashtra )
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Shri S.V.Sirpurkar, Adv. for applicant Shri J B Jaiswal, APP for Respondent -State
CORAM : M.L. TAHALIYANI, J. DATED : 8th October, 2012.
Heard. Perused the FIR in Crime No. 121/2012.
The applicant is apprehending arrest in the said FIR for the offences punishable u/ss. 143,147, 148 and 326 r/ws. 149 and 506 r/ws. 149 of the Indian Penal Code. The applicant does not appear to have played any active role in the whole incident. The only allegation against the applicant is that she was shouting and was abusing filthily. It is, therefore., alleged that she shared the common object of the unlawful assembly. It is alleged that the act committed by the other accused was in prosecution of the common object of unlawful assembly. In this regard, it may be stated here that the FIR No.121/2012 was registered on the complaint made by son of the applicant. The said FIR is also pertaining to unlawful assembly and the offences committed in prosecution of common object of unlawful assembly. Reading of both the FIRs gives clear impression that both the incidents had occurred at one and the same place and at the same time. It is
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08.10.aba.403.12
clear that there was a free-fight between two groups. Apart from these, considering the role of the applicant and also considering that she is a female, I am inclined to exercise my discretion in her favour u/s. 438 Cr.P.C.
Interim order is confirmed. Application stands
disposed of.
JUDGE
sahare
2 issues framed by the court
Whether to grant bail to the applicant who is apprehending arrest for offences under ss. 143, 147, 148 and 326 of IPC.
Whether the applicant played an active role in the unlawful assembly given that her only alleged action was shouting and using filthy language.
1 provisions across 1 enactments
Husna Afroz w/o Rashid Khan
State of Maharashtra
M.L. TAHALIYANI
As recorded by the court registry
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