1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1578 of 2010 Zeba Salim Quireshi and another ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Chandrapur City. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.M.Rizwy, Advocate for the applicants. Mr. S.M.Bhagde, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 26 th Octo ber , 2010 . Heard. By this application the applicants are seeking bail in Crime No. 212/2010, registered with Police Station, Chandrapur city for the offences punishable under Sections 147, 148, 149, 324 R/w Sec.34 of Indian Penal Code. One Nasiba Mohd. Haroon Qureshi, on 15/9/2010 lodged report that her husband is having ancestral property and dispute is going on between her husband namely Mohd. Haroon and his brothers namely Mohd. Salim and Mohd. Nadim . When her husband and brother in law Mohd. Nadim were opening the lock of their rooms, suddenly Mohd. Salim came their and abused them in filthy language and assaulted her husband and brother in law by means of iron pipe and rods. It is alleged that the applicants provided iron pipe and rods to Mohd. Salim. Mr. Rizwy, learned Advocate for the applicant submitted that the report is an outcome of the enmity between the relatives i.e. applicants and in-laws of the applicant. Learned Advocate further submitted that the applicant no.1 is carrying pregnancy and applicant 2 no.2, who is a lady of advance age and having ailment, need treatment for Hysterectomy. In support to his contention, learned Advocate has placed on record Discharge Card of the hospital at Annex.-D. Learned Advocate further submits that looking to the ailments of the applicants as well as advance age of applicant no.2, they require medical treatment, which will not be available in the Prison Hospital. He further submitted that even perusal of the report would show that the role attributed to the applicants is providing rod and pipe to the other accused persons. Learned Advocate further submitted that while granting ad-interim protection to the applicant, this court imposed certain conditions and applicant abide by those conditions. The applicants are ready to cooperate with the investigating agency and no fruitful purpose will be served by keeping the applicants behind the bar. Learned APP has filed the reply and opposed the application. Learned APP also expressed an apprehension that if the applicant is released on bail, he may not be available for further investigation. It is further submitted by learned APP that initially, the applicant approached the learned Sessions Court, Chandrapur for grant bail. Learned Sessions Judge found that there is enough material against the applicants and accordingly rejected the application. He, therefore, prayed for rejection of the application. Perusal of reply shows that the allegation against the applicants are the verbal exchange of words and providing rod and pipes to the other accused persons. The fact that applicant no.1 is carrying pregnancy and applicant no.2 was under treatment and needed further medical treatment, is not denied by the respondent/ State. It is not the case of the prosecution that the applicants have used any weapon or participated in the assault or custodial interrogation of the applicants is needed for recovery of any material. 3 In view of the submissions made by both the sides and the reply filed by the State, I am of the opinion that a case is made out by the applicants for grant of bail. In the result, the application is allowed. The interim protection granted by this Court to the applicant by order dated 01/10/2010 is hereby confirmed. In the event of arrest, in Crime No. 212/2010, registered with Police Station, Chandrapur City, the applicants be released on bail on furnishing P.R. bond of Rs.20,000/- each (Rupees Twenty Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicants to cooperate with the investigating agency and attend the police station, Chandrapur city every Sunday between 8.00 a.m. to 11.00 am, for three months from today or till filing of charge sheet, whichever is earlier and thereafter as and when called by the police. b] The applicants shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicants to submit their residential address and contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicants are moving out of the area of police station, Chandrapur city, they shall inform the police station about their visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale