Imran Afzal Shaikh v. State Of Maharashtra

914-aba-423-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 423 OF 2023 Imran A. Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Kanchanpurkar Gautam T. for the Applicant. Mrs. Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

14.02.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.533 of 2022 registered at Wanwadi Police Station, Pune for the ofences punishable under Sections 323, 324, 326, 504 read with 34 of the Indian Penal Code (IPC).

3.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 4.

According to the prosecution, on the date of incident, which took place on 27 December 2022, the present applicant and other co-accused assaulted the complainant and his brother in an altercation which took place between them on account of some financial transaction. According to the prosecution in the alleged incident the present applicant had assaulted the brother of the Dinesh S. Sherla 1/2

914-aba-423-23.doc complainant and caused him grievous injury.

5.

I have perused the FIR. Prima facie, the incident does not appear to be premeditated. There are no other criminal antecedents. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of the applicant in C.R. No. 533 of 2022 registered at Wanwadi Police Station, PUne for the ofences punishable under Sections 323, 324, 326, 504 read with 34 of the Indian Penal Code (IPC), he shall be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount, subject to payment of Rs.50,000/- to the injured Shabbir Kadri through Investigating Ofcer towards medical expenses.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2