* 1 * Cri.Appln-4005/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLCATION NO. 4005 OF 2010 Uma Shankar Bhagwanti Patwa .......Applicant V/S. 1. State of Maharashtra Through Inspector of Police Aarey Kidwai Marg Police Station, Mumbai 2. Inspector of Police Sadar Kuntawali Basti, District-Basti, U.P. .....Respondents ******* Mr. S.V. Marwadi i/by. Mr. P.S. Chavan, Advocate for the applicant. Mrs. P.P. Bhosale, APP for State-respondents. CORAM : SMT. R.P. SONDURBALDOTA, J. SEPTEMBER 13, 2010. P.C. :- 1. The applicant seeks anticipatory bail in connection with C.R. No.182 of 2010 registered with Sadar Basti Police Station, District- Basti, State-U.P. and in M.A.S. No.1525 of 2010. C.R. No.182 of 2010 is * 2 * Cri.Appln-4005/2010 filed for the offence punishable under Section 302 Indian Penal Code. 2. The applicant states that his brother, one Dayashankar Patwa and his brother s wife Mrs. Firoza Patwal while contesting elections ’ had engaged one Awnish Kumar Shrivastav as a propagating agent in District-Patwa. Awnish Kumar Shrivastav on 26th June, 2010 was attacked by some unknown persons in which attack, he lost his life. The applicant claims that he has nothing to do with the offence of murder of Awnish Kumar Shrivastav. According to him, the police filed an application to the Chief Judicial Magistrate at Janpadwasti on 7th August, 2010 for issuance of non-bailable warrant against the applicant as he was not available for enquiry. On that application, an order of issuance of non-bailable warrant was passed on 18th August, 2010. The learned counsel has produced zerox copies of C.R. No.182 of 2010 and also the application dated 7th August, 2010. The applicant is only seeking transit bail for a period of 15 days to enable him to file an application before the appropriate forum in District-Basti, State- U.P. The learned APP states on instructions from the P.S.I. of Aarey Kidwai Marg Police Station, Mumbai that no * 3 * Cri.Appln-4005/2010 non-bailable-warrant has been received by his police station for execution upon the applicant. 3. The applicant is a resident of Mumbai and carries on business of imitation jewelery in the name of U.S. Fashion . He also owns “ ” property in Mumbai including a industrial unit and flat. 4. Considering the facts of the case, the application is allowed. By way of transit bail, in the event of the applicant s arrest in C.R. ’ No.182 of 2010 registered with Sadar Basti Police Station, District- Basti, State-U.P. and in M.A.S. No.1525 of 2010, he be released on bail on furnishing P.R. Bond of Rs.35,000/- (Rs. Thirty Five Thousand only) with one surety in the like amount. This order shall remain in operation for a period of 15 days from today. [SMT. R.P. SONDURBALDOTA, J]