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[Cites 6, Cited by 1]

Bombay High Court

Abdul Ayyaz A, Mannan vs State Of Maharashtra, Thr. P.S.O. ... on 4 September, 2019

Author: V. M. Deshpande

Bench: V.M. Deshpande

                                           1                                   040919ba733.19.odt


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            : NAGPUR BENCH : NAGPUR.

                     CRIMINAL APPLICATION (BA) NO. 733 OF 2019
                                 ABDUL AYYAZ A. MANNAN
                                           VERSUS
                 STATE OF MAH., THRU. P.S.O., P.S., MANGRULPIR, DIST. WASHIM
--------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
---------------------------------------------------------------------------------------------------------
                          Mr. Amit V. Band, Advocate for the applicant
                          Mr. J. Y. Ghurde, A. P. P. for non-applicant/State

                                   CORAM : V. M. DESHPANDE, J.
                                   DATE : SEPTEMBER 04, 2019.


                                   Heard Mr. Amit V. Band, the learned counsel for the
                          applicant and Mr. J. Y. Ghurde, the learned Additional
                          Public Prosecutor for the State. Also perused the charge-
                          sheet.
                                   Though, the companion application i.e. Criminal
                          Application (BA) No. 729/2019 filed by the co-accused
                          allowed to be withdrawn by this Court today, looking to
                          the reply filed by the prosecution, the present application
                          is required to be allowed.
                                   The present applicant is facing prosecution in view
                          of his arrest in connection with Crime No. 127/2019
                          registered with Police Station, Mangrulpir, Dist. Washim
                          for the offence punishable under Sections 307, 326, 324,
                          440, 504 read with Section 34 of the Indian Penal Code.
                                   As per the prosecution case, the first informant Sk.
                          Irfan Sheikh Rashid and his brother Sheikh Salim were
                          brutally assaulted by co-accused Abdul Shahabaj Ab.



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                                2                            040919ba733.19.odt


                Mannan and the present applicant.
                         The investigation is over and the charge-sheet is
                already filed. The role attributed to the present applicant
                in the report is that he assaulted the injured by fist and
                kick blows. Looking to such nature of accusation against
                the present applicant, the application needs to be
                considered favourably. Consequently, I pass the following
                order :-
                                            ORDER

1. The criminal application is allowed.

2. Applicant - Abdul Ayyaz A. Mannan, who is arrested in connection with Crime No. 127/2019 registered with Police Station, Mangrulpir, Dist. Washim for the offence punishable under Sections 307, 326, 324, 440, 504 read with Section 34 of the Indian Penal Code be released on bail on he executing a PR bond in the sum of Rs.25,000/- with two solvent sureties of the like amount.

3. The applicant is directed to attend Police Station, Mangrulpir once in a month i.e. on last Sunday of every month till conclusion of the trial and he shall mark his presence between 3.00 to 5.00 pm.

4. With this, the application is allowed and disposed of.

JUDGE Diwale ::: Uploaded on - 04/09/2019 ::: Downloaded on - 05/09/2019 04:43:46 :::