In this anticipatory bail application, the High Court of Bombay allowed the request despite the applicant not being named in the FIR, confirming an earlier interim order and fixing bail bonds for eventual arrest.
Application allowed; interim order confirmed; release on bail of Rs.25,000 with one or two sureties if arrested.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
19-Aba-1862-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1862 OF 2019
Pravej Imam Ali Sheikh … Applicant
Versus
The State of Maharashtra … Respondent
None for the Applicant.
Mr. S. R. Agarkar, APP for the Respondent – State.
CORAM : PRAKASH D. NAIK, J.
DATE: 7th AUGUST, 2021.
PER COURT:
1.The applicant is apprehending arrest in C.R. No.539 of
2019 registered with Baramati Police Station, Pune for offences
under Sections 307, 452 & 506 of Indian Penal Code (for short
“IPC”).
2.The First Information Report (for short ‘FIR’) was
lodged by the mother of victim. It is alleged that Aarbaj Altaf
Kureshi had assaulted informant’s daughter on 21st June, 2019. The
assault was on her face, hand and head with sattur.
3.The applicant has not been named in the FIR. The
allegations are attributed against Aarbaj Altaf Kureshi.
Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2021.08.07 17:39:09 +0530
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19-Aba-1862-2019.doc
4.The applicant was granted interim protection by order
dated 26th August, 2019. Considering the factual aspects of this
matter, the applicant need not be subjected to custodial
interrogation.
5.Hence, I pass the following order:
ORDER
(i) Anticipatory Bail Application No. 1862 of 2019 is
allowed;
(ii) Interim order dated 26th August, 2019 is confirmed.(iii) In the event of arrest of the applicant in connection
with in C.R. No.539 of 2019 registered with Baramati Police
Station, Pune, the applicant be released on bail on furnishing
P. R. Bond in the sum of Rs.25,000/- with one or two sureties
in the like amount;
(iv)The applicant shall appear before the investigating
officer as and when called for till filing of charge-sheet.
(v)Anticipatory Bail Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
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1 issue framed by the court
Whether the anticipatory bail application should be allowed given that the applicant is not named in the FIR alleging assault with a lathi.
1 provisions across 1 enactments
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court