cra3214.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3214 OF 2011 1) Mohammad Ali Niyajali Kadari, Age-50 years, Occu:Business, R/o-Selamba, Dist-Narmada(Gujrat), 2) Imtiyajali Niyajali Kadari, Age-60 years, Occu:Business, R/o-Rajpipala, Dist-Narmada(Gujrat), 3) Sahebkhan Haji Nurkhan Pathan, Age-65 yars, Occu:Business, R/o-Selamba, Dist-Narmada(Gujrat), 4) A. Karim A. Latif Makrani, Age-54 years, Occu:Business, R/o-Akkalkuwa, Taloda Naka, Tq-Akkalkuwa, Dist-Nandurbar. ...APPLICANTS. VERSUS 1) The State of Maharashtra, 2) Deputy Superintendent of Police, Akkalkuwa, Tq-Akkalkuwa, Dist-Nandurbar. ...RESPONDENT. ... Shri.R.S. Shinde Advocate h/f. Shri. A.G. Magare Advocate for Applicants. Shri.B.J. Sonawane, A.P.P. for Respondents. ... cra3214.11 2 WITH CRIMINAL APPLICATION NO.3217 OF 2011 Istiyakali Niyajali Kadari, Age-Adult, Occu:Labour Work, R/o-Selamba, Dist-Narmada (Gujrat State) (Applicant is in jail) ...APPLICANT. VERSUS The State of Maharashtra, Through Police Station Officer, Akkalkuwa Police Station, Akkalkuwa, Tq-Akkalkuwa, Dist-Nandurbar. ...RESPONDENT. ... Shri.Shailesh P. Brahme Advocate for Applicant. Shri.B.J. Sonawane, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 9TH AUGUST, 2011 PER COURT : 1. Criminal Application No.3214 is filed for anticipatory bail and Criminal Application No.3217 of 2011 is filed for regular bail, in C.R. No.46 cra3214.11 3 of 2011 registered in Akkalkuwa Police Station, Dist-Nandurbar, for the offences punishable under Sections 395, 143, 147, 149, 337 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Juber Makrani. He had brought Kazi (Maulana) for marriage and he was from the side of bride. The Applicants had attended the marriage and they were from the side of bridegroom. Most of the Applicants from the proceeding of Criminal Application No.3214 of 2011 are from Gujrat State and they had brought Kazi (Maulana), priest from Gujrat State, for completing the customary rights and ceremonies of the marriage. There was dispute as to which Kazi (Maulana) was to complete formalities of marriage and ultimately Kazi (Maulana) brought from Gujrat, completed the formalities. After that present Applicants questioned the complainant as to why he cra3214.11 4 had brought other Kazi (Maulana). 3. Allegations are made against the Applicants that they and other 4-5 persons assaulted the complainant and they pelted stones at him. There are specific allegations against Istiyakali Kadari, Applicant from the proceeding of Criminal Application No.3217 of 2011, that he he snatched gold chain of one tola, cash amount of Rs.7000/- and one mobile handset from the complainant. There are omnibus allegations against the Applicants from the proceeding of Criminal Application No.3214 of 2011. Applicant Nos. 1 to 3 are from Gujrat. 4. There is injury certificate issued by Astha Children Hospital to show that the complainant sustained injury on his head and there was fracture. As there are allegations that many persons pelted stones to the complainant and as the main accused against whom there are cra3214.11 5 allegations of taking of money and ornaments, was arrested, this Court holds that Police should not require custody of the Applicants from the proceeding of Criminal Application No.3214 of 2011. So, the Criminal Application No.3214 of 2011 is allowed. Interim relief granted by this Court in favour of the Applicants in Criminal Application No.3214 of 2011, by order dated 26th July, 2011, is confirmed. The surety is to be the local surety. 5. Considering the date of incident, it is not desirable to keep the Applicant from the proceeding of Criminal Application No.3217 of 2011, behind bars till disposal of the case. So, Criminal Application No.3217 of 2011 is allowed. Applicant Istiyakali Niyajali Kadari is to be released on bail in C.R. No.46 of 2011 registered in Akkalkuwa Police Station, Dist-Nandurbar, for the offences punishable under Sections 395, 143, 147, 149, 337 etc. of the Indian Penal Code, on cra3214.11 6 his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). He is not to tamper with the prosecution witnesses. The surety is to be the local surety. [T.V. NALAWADE, J.] asb/AUG11