FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3659 OF 2011 1- MUJIB QURESHI RAMZAN QURESHI 2- RAMZAN S/O SHAHAMAT QURESHI VERSUS THE STATE OF MAHARSHTRA AND ANR ... Advocate for Applicant/s : Mr Deshpande Gaurav L A.P.P for Respondent(s): Mr. B.V.Wagh. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 30, 2011 ... 1. Perused investigation papers, which were made available, by the learned A.P.P. for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. After hearing the learned respective counsel for the parties, extensively, Mr. Deshpande learned counsel, on instructions, seeks leave to withdraw present application, in respect of applicant No.1 namely Mujib Qureshi s/o Ramzan Qureshi. In view of said submission, leave granted and present application stands dismissed as withdrawn to the extent of aforesaid applicant no.1. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3. Present application is being considered in respect of the applicant No.2, only. The applicant No.2 Ramzan s/o Shahamat Qureshi, has preferred present application seeking anticipatory bail, apprehending his arrest under Crime No.149/2011, registered at Gangakhed Police Station, District Parbhani for the offence punishable under section 307 r/w 34 of Indian Penal Code. 4. It appears that offence has been registered on the basis of complaint lodged by one Kadir Qureshi s/o Halim Qureshi on 28.7.2011. The contents of the said complaint reflects that incident occurred at about 12.00 noon on 23.7.2011, wherein the applicant No.2 namely Ramzan Shahamat Qureshi, allegedly assaulted the complainant by leg kicks and fist blows. Although name of the applicant has been reflected in the First Information Report, role attributed to him is comparatively of a lesser degree as aforesaid. Besides, it is canvassed that the applicant No.2 is about 55 years old. 5. Considering the accusations made against the applicant No.2, and nature and gravity thereof, it appears that custodial interrogation of the applicant No.2 is not necessary for further progress in the investigation. Hence, present application deserves to be allowed in respect of applicant No. 2, imposing certain conditions upon the applicant No.2. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 6. In the result, present application is allowed partly to the extent of applicant No.2 namely Ramzan s/o Shahamat Qureshi and it is directed that in the event of arrest of the said applicant No.2, in connection with Crime No. 149/2011,registered at Gangakhed Police Station, Tq. Gangakhed, District Parbhani, he be released on bail, on furnishing P.R. Bond in the Sum of Rs.15,000/- [Rs. Fifteen thousand], with one surety, in the like amount, on the following conditions :- i) The applicant No.2 Ramzan s/o Shahamat Qureshi shall give attendance before the concerned Investigator on every Tuesday and Friday between 05.00 p.m. to 07.00 p.m., till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant No.2 Ramzan s/o Shahamat Qureshi shall not enter into the area of Jaideeppura, Gangakhed, Tq. Gangakhed, District Parbhani, till filing of the charge sheet, except giving attendance, as aforesaid. iii] The applicant No.2 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 7. Present application in respect of applicant No.1 stands dismissed, as withdrawn, as aforesaid. Accordingly, present application stands disposed of finally. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. 8. Authenticated copy of the order, duly signed by the Court Sheristedar, is permitted. ( SHRIHARI P. DAVARE, J. ) aaa/- ***