2024:BHC-AUG:26613
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
939 BAIL APPLICATION NO. 1944 OF 2024
ABUL ALA HASHMI KHURAM ALI HASHMI
VERSUS
THE STATE OF MAHARASHTRA
…..
Advocate for Applicant : Mr. Shaikh Mohseen Iman
APP for Respondent : Mr. S.S. Dande
Advocate for assist to PP : Mr. M.D. Gitte
…
CORAM : SHAILESH P. BRAHME, J.
(VACATION COURT)
DATE : 29 OCTOBER 2024
PER COURT :
Heard learned Advocate Mr. Shaikh Mohseen Iman for
the applicant and learned APP Mr. Dande for the respondent/state.
2. The applicant is seeking regular bail as he is behind bar
since 30.09.2024 in Crime No. 480/2024 registered with
Cantonment Police Station, Aurangabad, for the offences
punishable under Sections 109, 126 (2), 115 (2), 351 (2), 351 (3),
3 (5) of Bhartiya Nyay Sahinta, 2023.
3. This matter was mentioned in the vacation expressing
urgency on the medical ground of the applicant. However, while
considering the matter the parties agreed for consideration of
merits also. Under these circumstances, though the next date in
the bail application is of 14.11.2024, I am deciding the matter.
4. Informant is the nephew of the applicant and also son-
in-law. There were matrimonial disputes between informant and
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applicant’s daughter Hatija Fatema which resulted in dissolution of
marriage. It is submitted by learned counsel for the applicant that
due to the disputes between the applicant and the informant there
is false implication in the offence in question. It is further
submitted that applicant is suffering from Cancer since 2021 and
he wants to have better treatment. Learned counsel also places on
record order dated 21.10.2024 passed in the matter of co-accused
in ABA No. 1784/2024.
5. Learned APP submits that there are direct allegations
against the applicant and the co-accused. This is not a fit case to
enlarge the applicant on bail. The investigation is yet to be
completed.
6. I have gone through first information report. It is
alleged that on 29.09.2024 the applicant and the co-accused had
confrontation with the informant and they demanded him to
transfer house in their name. It is alleged that the applicant tried
to inflict blow by knife on the informant. The co-accused assaulted
him by iron rod. The applicant poured petrol on the person of the
informant and tried to set him ablaze.
7. I have gone through the police papers and especially
the medical certificate. The injuries are simple in nature. It can be
gathered from the police papers that the beatings to the informant
is not serious in nature rather it appears to be exaggeration. Due to
the disputes between the accused and the informant, in all
probabilities the false implication cannot be ruled out.
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8. Co-accused Abul Hasan Khuram Ali Hashmi was
granted anticipatory bail by this Court vide order dated
21.10.2024 in ABA No. 1784/2024. It further reveals from record
that since 2021 applicant is suffering from carcinoma of right side
tongue and is under medication. There is no reason to doubt that
the applicant needs further treatment for the ailment. Considering
over all circumstances, the applicant deserves to be released on
bail. Hence, I pass following order :
ORDER
i. Bail Application is allowed.
ii. The applicant shall be enlarged on bail on
furnishing P.R. bond and cash surety of Rs.
30,000/-.
iii. He shall not in any way contact the
informant and he shall co-operate with the
Investigating officer.
[ SHAILESH P. BRAHME, J. ]
Thakur-Chauhan/-