Salman Fakhruddin Shaikh@Mangya v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 243 OF 2019 Salman Fakruddin Shaikh alias Mangya .Applicant Vs.

The State of Maharashtra .Respondent Mr. M. R. Gowd, Advocate, for the Applicant Mr. V. V. Gangurde, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

11.06.2019 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks his enlargement on bail in connection with C. R. No. 47 of 2018 registered with the Wadala T T Police Station, Mumbai, for the alleged offences punishable under Sections 307, 324, 504, 506(2) r/w 34 of the Indian Penal Code.

3.

Perused the papers. According to the prosecution, the incident took place on 14.02.2018 at about 9.00 p. m. It is alleged

by the Complainant - Mohammed Shaikh that co-accused - Arbaz assaulted him with the knife and that when his uncle intervened in the quarrel, the Applicant assaulted his uncle in the abdomen with a knife. A specific overt act has been attributed to the Applicant i. e. of assaulting the Complainant's uncle i. e. Salim in the abdomen with a knife. A perusal of the Injury Certificate which is on page No. 52 of the Application shows that the injured - Salim has received a grievous injury in his abdomen caused by knife. The injuries sustained by Salim are as under :- "1.

Penetrating abdominal trauma with knife 2 x 2 x 3 cm iliac fossa;

2.

Incised wound 2 x 1 x 0.5 cm;

3.

Incised wound 2 x 1 cm;

4.

Incised wound 2 x 1 cm."

It appears that the Applicant has six antecedents and one chapter case is pending. All the six offences pertain to bodily related offences.

4.

Considering the aforesaid, this is not a fit case to enlarge the Applicant on bail. Hence, the Application stands rejected.

5.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

(REVATI MOHITE DERE, J.)