1 Cri.Appln.No.5291/10 & 4989/10 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5291/2010. (Shabana w/o Shaikh Ramzan Vs. Trhe State of Mah.) with CRIMINAL APPLICATION NO.4989/2010 (Arshad Hayat Khan s/o Azam Hayat Khan Vs. The State of Mah. And Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.YM Khan and Mr. Abdul Aziz, Advs. for applicants in respective Criminal Applications; Mr.KM Suryawanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 1 st March, 2011. ... 1) Heard Mr.Abdul Aziz for the accused/applicant – Arshad and Shri Khan for accused/applicant – Shabana. 2) On a trivial issue between Arshad and his wife Almas Begum, the later informed the Police of the accused/applicant forcefully administered Mortin liquid (a spurious & poisonous substance) and thereby she suffered unconsciousness. She was moved to hospital. The defence of the applicant/accused husband is, it was a threat perception, lurking in the mind of the victim since long. The wife Smt. Almas Begum desired to create an atmosphere of terror and some traces of Mortin indeed were consumed by her, but 2 Cri.Appln.No.5291/10 & 4989/10 it would not be attracting any forceful attempt on the part of the accused/applicants. He reiterates, Shabana has seldom any role in such affairs of the matrimonial feud between the spouse. 3) Lastly, Mr. Aziz informs, by virtue of writings between him and his wife Almas Begum, the allegations are withdrawn by the wife, so informed on a bond of Rs. 100/- executed by her on 14.10.2010. 4) Survey of above events does not warrant custodial interrogation of any of the accused/applicants. They hail from Aurangabad, possess immovable property, least chances of absconding, added to it, wife Almas Begum has no grievance against her husband. Both the applications are allowed. The interim protection dated 14th February, 2011 (Criminal Application No.5291/2010) and interim protection 6th December, 2010 (Criminal Application No.4989/2010) is made absolute. (K.U.CHANDIWAL) JUDGE bdv/