2024:BHC-NAG:12159
39.aba.722.2024
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO.722 OF 2024
Shaikh Sharique Shaikh Rashid and others
Vs.
State of Maharashtra, Through Police Station Officer, Police Station,
Nandgaon Peth, District Amravati
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. P. R. Agrawal, Counsel for the applicants.
Ms. Shamshi Haider, APP for non-applicant /State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 25/10/2024
1. Apprehending the arrest at the hands of
police in connection with Crime No.180/2024
registered with Police Station, Nandgaon Peth,
District Amravati for the offences punishable under
Sections 143, 144, 147, 148, 307 read with Section
149 of the Indian Penal Code and under Section 4/25
of Arms Act and Section 135 of the Maharashtra
Police Act.
2. The crime is registered on the basis of
report lodged by the informant Abdul Sajid Abdul Jalil
on an allegation that on 16.05.2024 at about 7.00
p.m., due to the previous dispute, they were attacked
by 8 to 9 persons including the present applicants
were assaulted. Due to the said assault, the injured
Mohd. Iqubal has sustained the grievous injuries. On
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the basis of the said report, police have registered
the crime against the present applicants.
3. Learned Counsel Mr. P. R. Agrawal for the
applicants submitted that there was a previous
dispute and out of that dispute, the alleged
occurrence has taken place and the injured has
sustained the injury in a free fight. He submitted
that as far as the custodial interrogation is
concerned, entire investigation is already completed,
and the weapons are already seized. As far as the
allegation against present applicants is concerned,
general allegations are made. In view of that, they
be protected by granting anticipatory bail.
4. Learned APP strongly opposed the said
application and submitted that in furtherance of the
common object injured and the informant were
attacked by the present applicants and injured has
sustained a grievous injury like fracture injury. In
view of that, the application for grant of anticipatory
bail deserves to be rejected.
5. After hearing the learned Counsel for the
applicants and learned APP for the State, perused the
recitals of the FIR as well as the investigation papers,
there is no dispute as to the fact that the entire
investigation is already completed, charge-sheet is
already filed, the weapons which are used in the
commission of the crime are already seized on the
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basis of the statement of the co-accused. Thus,
considering the fact that in a free fight, the injured
has sustained the injuries as well as other
prosecution witnesses has also sustained injuries.
Considering the custodial interrogation is concerned,
which is not required for further investigation, the
application deserves to be allowed. Accordingly, I
proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) In the event of their arrest, in
connection with Crime No.180/2024 registered
with Police Station Nandgaon Peth, District
Amravati for the offences punishable under
Sections 143, 144, 147, 148, 307 read with
Section 149 of the Indian Penal Code and
under Section 4/25 of Arms Act and Section
135 of the Maharashtra Police Act, the
applicant Nos.(1) Shaikh Sharique Shaikh
Rashid, No.(2) Shaikh Hakim Shaikh
Bismilla, No.(3) Shahrukh Khan Bashir
Khan, No.(4) Tausif Khan Niyamat Khan
and No.(5) Shaikh Karim Shaikh Bismilla
shall be released on anticipatory bail on
executing PR Bond in the sum of Rs.25,000/-
each with one solvent surety in the like
amount.
(iii) The applicants shall attend the
concerned Police Station once in a week on
Sunday between 10.00 a.m. to 1.00 p.m., till
culmination of the trial.
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(iv) The applicants shall not induce,
threat or promise any witnesses who are
acquainted with the facts of the case.
(v) The applicants shall not indulge
themselves in a similar type of the activities.
(vi) The contravention of any of the
conditions imposed would lead to the
cancellation of bail.
6. The application is disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate