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Bombay High CourtBA/434/2019bail rejected

Munawar Anwar Syed v. The State Of Maharashtra

2019-07-05Hon'Ble Justice Revati Mohite Dere2 pages

ba.434.19.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 434 OF 2019 Munawar Anwar Syed ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Satyaram R. Gaud for the Applicant Mr. V. V. Gangurde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 5 th JULY 2019 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 482 of 2016 registered with the Sakinaka Police Station, Mumbai, for the alleged offence punishable under Section 307 of the Indian Penal Code.

Perused the papers. According to the complainant-Amar Singh, the applicant assaulted him with a knife on his abdomen, chest, head, eye, ear, shoulder for refusing to give him whitener for consumption. A perusal of the injury certificate shows that the complainant has received SQ Pathan 1/2

ba.434.19.24.doc eight injuries, the grievous injuries being rupture of globe of left eye, incised wound over left hypochondrium and incised wound over left lateral chest wall; the other injuries are incised injuries which are stated to be simple in nature. It appears from the injury certificate that the patient was required to be operated for exploration for penetrative abdominal trauma. Considering the nature of injuries, this is not a fit case to enlarge the applicant on bail. The application is rejected. However, the trial of the applicant is expedited, since the case is of the year 2016. The learned Sessions Judge to dispose of the case as expeditiously as possible and preferably within 12 months from the date of receipt of this order. 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.

SQ Pathan 2/2