Bombay High Court
Sharif Khan S/O. Wasal Khan Pathan vs The State Of Maharashtra on 27 August, 2018
Author: V. K. Jadhav
Bench: V. K. Jadhav
aba787.18
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
15 ANTICIPATORY BAIL APPLICATION NO. 787 OF 2018
SHARIF KHAN S/O. WASAL KHAN PATHAN
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicant : Mr. Ghanekar Nilesh S.
APP for Respondents: Mr. P.K. Lakhotiya
Advocate to assist the A.P.P. : Mr. H.B. Pawar
.....
CORAM : V. K. JADHAV, J.
DATED : 27th AUGUST, 2018
PER COURT:-
1. The applicant is seeking pre-arrest bail in connection with crime
No.56 of 2018 registered with Tamsa police station, District Nanded for
the offences punishable under Sections 302, 498-A, 323, 504, 506, 34
of I.P.C. and sections 3 and 4 of Black Magic Act, 2013. His application
bearing Misc. criminal Bail application No. 473 of 2018 with similar
prayer came to be rejected by the learned Additional Sessions Judge-3,
Nanded.
2. Learned counsel for the applicant submits that there are vague
allegations in the complaint against the present applicant and that too
restricted to the offence punishable under Section 498-A of I.P.C. The
learned counsel submits that the antecedents of the applicant are clear
and he is not likely to be absconded.
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3. Learned A.P.P., assisted by advocate Mr. Pawar, has strongly
resisted the application on the ground that name of the applicant is
mentioned in the F.I.R. and so far as the allegations inviting the
provisions of Black Magic Act is concerned, there is independent
witness who has stated about the presence of the present applicant with
the deceased and other persons.
4. On careful perusal of the contents of F.I.R. and also investigation
papers, I find that so far as the charge under Section 302 of I.P.C. there
is hardly any evidence against the present applicant. Moreover, though
there are allegations against the applicant with respect to cruelty as
defined under section 498-A of I.P.C. and under the provisions of Black
Magic Act, the allegations are vague in nature. The antecedents of the
applicant are clear and he has fixed place of residence. Thus, by
imposing certain conditions, the applicant is entitled for pre-arrest bail.
Hence the following order:-
ORDER
I. Application is hereby allowed.
II. In the event of arrest of applicant Sharif Khan s/o Wasal Khan Pathan in connection with crime No.56 of 2018 registered with Tamsa police station, District Nanded for the offences punishable under Sections 302, 498-A, 323, 504, 506, 34 of I.P.C. and Sections 3 and 4 of Black Magic Act, 2013, he be released on bail on furnishing personal bond of Rs.15,000/- with one surety of aba787.18 -3- the like amount on the following conditions:-
a) The applicant shall not tamper with the prosecution evidence in any manner.
b) The applicant shall make himself available for further investigation, if any, as and when required by the investigating officer.
III. Application is disposed of.
( V. K. JADHAV, J.)
rlj/
Digitally signed
Rangnath by Rangnath
Laxmanrao
Laxmanrao Jadhav
Jadhav Date: 2018.08.27
13:16:12 +0530