2010appln1623.10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1623 /2010 (Abdul Sattar Sheikh Usman vs. State of Maharashtra) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. R. M. Daga Adv for applicant. Mr. S. M. Bhagde, A.P.P. for respondent-State. CORAM : PRASANNA B. VARALE, J. DATED : 20 th October, 2010. Heard Shri Daga lerarned counsel for the applicant and Shri Bhagde learned APP for the respondent/State. 2] Shri Daga submitted that perusal of the report would show neither presence of the applicant is mentioned nor any role is attributed to the applicant in the report lodged on 30th July 2009. Learned counsel Shri Daga further submits that the investigating agency has recorded statement of witnesses and except one Nasrin Bano wife of Mohd. Shafi none of the witness states either about presence of the applicant or role played by the applicant. Shri Daga further submits that statement of Nasreen Bano is recorded by the investigating agency at a belated stage i.e. on 8th August 2009. Shri Daga further submits that the delay in recording statement of Nasreen Bano raises some suspicion in the backdrop of the fact that in report lodged on 30th July 2009 it is stated that the accused 2010appln1623.10.odt committed the act at the instance of said Nasreen Bano. Shri Daga further submits that there is no material with the investigating agency to connect the applicant with the alleged crime. Apart from this fact the other accused person Mohd. Javed, persons against whom the allegations are made that they were armed with Katta in the statement of Nasreen Bano as well as complainant, is already released on bail by this Court by order dated 14th September 2010. In view of the facts, the primfacie case is made out to release the applicant on bail. In the result application is allowed. Applicant be released on bail in Crime No. 88 of 2009 upon executing PR bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand only) with one or two surety in the equal amount, provided that he shall attend the trial on each date of hearing. He shall inform his fixed/permanent address with phone/mobile number to the Investigating Officer as well as the Presiding Officer of the trial Court. He shall not tamper with the prosecution evidence in any manner. Application is disposed of. JUDGE svk