Bombay High Court
Sayed Shoaib Ahmed S/O Sayed Ahmed ... vs State Of Mah., Thr. Pso Ps Nandgaon ... on 18 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 apeal204.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 204/2021
Sayed Shoaib Ahmed S/o Sayed Ahmed Nadvi ,
Aged about 35 years, Occ. Doctor,
R/o. Budhwara Chowk, Nandgaon Khandeshwar,
Tq. Nandgaon Khandeshwar, District Amravati
.... APPELLANT
// VERSUS //
1] State of Maharashtra,
Through P.S.O., Police Station
Nandgaon Khandeshwar,
Tq. Nandgaon Khandeshwar, District Amravati
2] Ku. Deeksha Namdeorao Dhawane,
Age Major, R/o. Shivani Rasulpur,
Tq. Nandgaon Khandeshwar, District Amravati
3] Sub-Divisional Police Officer,
Rural Sub-Division,
Amravati, District Amravati
.... RESPONDENT(S)
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Shri R.J. Mirza, Advocate for the appellant(s)
Shri T.A. Mirza, APP for the respondent/State
Shri A.P. Thakare, Advocate for the respondent nos. 2
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CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
AUGUST 18, 2021
ANSARI
Judgment 2 apeal204.21.odt
ORAL JUDGMENT : (PER:- V.M. DESHPANDE, J.)
1] Heard. ADMIT. By consent of the parties, the appeal is taken up
for final hearing.
2] This appeal arises out the rejection of the application for
anticipatory bail filed on behalf of the appellant since the appellant was
apprehending arrest in connection with Crime No. 91/2021 registered with
Police Station Nandgaon Khandeshwar for the offences punishable under
Sections 376, 376(2)(n), 504 & 506 of the Indian Penal Code and under
Sections 3, 3(1)(w)(i)(ii), 3(1)(s) and 3(2) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3] After hearing the learned advocate for the appellant on
11/05/2021, the Hon'ble Vacation Judge has granted ad-interim anticipatory
bail in favour of the appellant with a direction that the appellant shall co-
operate with the investigation and shall make himself available for
interrogation as and when he is required. The appellant was also directed to
remain present in the Police Station on every Sunday between 10:00 am to
5:00 pm.
4] The State has filed reply opposing grant of anticipatory bail in
favour of the appellant. During the course of hearing, learned advocate for
ANSARI
Judgment 3 apeal204.21.odt
the appellant would submit that the appellant has scrupulously followed the
conditions imposed upon him. The appellant has also filed an affidavit stating
compliance of the conditions imposed upon him. The said aspect is not at all
disputed by the learned APP nor the learned advocate for the respondent no.
2. During the pendency of this appeal, the State has also filed CA report
under Pursis No. 07/2021. The learned APP fairly submitted that in the CA
report, there is no material against the present appellant.
5] Since the investigation is over, charge-sheet is already filed and
the appellant has scrupulously followed the conditions imposed upon him, in
our view, the custodial presence of the appellant is not at all necessary.
6] In that view of the matter, we pass the following order :-
(a) The criminal appeal is allowed.
(b) The order passed by the learned Additional Sessions
Judge - 2, Amravati in Criminal Bail Application
No. 335/2021 dated 30/04/2021 rejecting the
application of the appellant for anticipatory bail is
hereby quashed and set aside.
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Judgment 4 apeal204.21.odt
(c) The interim order passed by this Court on 11/05/2021
is made absolute.
(d) The appellant is directed not to give any type of threat
to the respondent no. 2.
(e) It shall be open for the Investigating Officer to call the
appellant for any further investigation if the
Investigating Officer is of the view that it is required to
be done.
With this, the appeal is allowed and disposed of. Pending
application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
ANSARI
