Allowed

Mumtaj Murtuj Sayyed and Anr. v. the State of Maharashtra

Bombay HC19 Dec 2018ABA/2595/2018

Case brief

AI extract

What is this about?

In this anticipatory bail application, the Bombay High Court granted bail to the applicants who are wives of accused persons alleged to have obstructed municipal employees. The Court held custodial interrogation was unnecessary absent overt acts, allowing bail with security and sureties.

What did the court decide?

Applicants released on bail on furnishing personal bond of Rs. 15,000 each with one or two sureties; applicants directed not to tamper with evidence or influence witnesses.

Mumtaj Murtuj Sayyed and Anr. Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2018)

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aba.2595-2018.doc

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Dond

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.2595 OF 2018

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Mumtaj Murtuj Sayyed & Anr. ..Applicants Vs The State of Maharashtra ..Respondent -----

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Mr. Sachin Deokar I/b M.S. Mulla for applicants. Mr. S.S. Hulke, APP for State.

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CORAM : A.S.GADKARI, J. DATE : 19^th December 2018.

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P.C.:

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1] The applicants are apprehending arrest in CR No. 507 of 2018 dated 23.10.2018 registered with Jodbhavi Peth Police Station, Solapur City under sections 353, 332, 336, 341, 427, 323, 504, 506 read with 34 of Indian Penal Code.

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2] Heard the learned counsel for the applicant and the learned APP for State. Perused the record investigation.

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3] The first information report is lodged by Bhausaheb Bhosale, an employee of Solapur Municipal Corporation. The first informant was working as a driver on a truck belonging to Municipal Corporation. On 23.10.2018 at about 10.00 a.m the said truck was deputed along with staff

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of the Corporation to catch abandoned animals freely moving on the streets. The employees of the said truck caught two calfs and put it in the said vehicle. It is alleged that, the co-accused Murtuj Sayyed and Salman Gulab Sayyed halted the vehicle, pelted stones on it and threatened the employees of the Corporation of dire-consequence if they do not release the said calfs immediately.

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4] The applicants are the wives of the said two accused who created obstacles in performing lawful duty by the said employees. The record indicates that, Murtuj Sayyed was arrested by the police on the spot and during the course of investigation he revealed the names of other coaccused including the present applicants. That the pre-arrest bail of Salman Sayyeed has been turned down by this Court by granting liberty to surrender before the concerned Magistrate. As per record, the applicants are wives of the said two accused persons who have been arrested in attempting to release the said two calfs from the custody of employees of the Corporation. The applicants are women and no other overt-act is attributed to them.

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5] In view thereof, the custodial interrogation of the applicants for further investigation of the present crime is not necessary and they can be

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protected by pre-arrest bail.

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Hence the following Order:

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i] In the event of arrest in CR No. 507 of 2018 registered with Jodbhavi Peth Police Station, District- Solapur, the applicants shall be released on bail on their furnishing PR bond in the sum of Rs.15,000/- each with one or two local sureties in the like amount.

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ii] Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

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6] Application is allowed in the aforesaid terms.

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(A.S.GADKARI, J.)

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Mumtaj Murtuj Sayyed and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mumtaj Murtuj Sayyed and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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