Saddam Husen Mehandi Hasan Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION DIKSHA DINESH RANE ANTICIPATORY BAIL APPLICATION NO.608/2023 DIKSHA DINESH RANE Date: 2023.03.02 19:14:12 +0530 SADDAM HUSEN MEHANDI HASAN SHAIKH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Ashwini Kumar Pathak for the applicant.

Mr. S. H. Yadav, APP for State.

PSI Madhavendra Yeole, Wadala T. T. Police Station. ------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 2, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for pre-arrest bail in respect of First Information Report (FIR) No.685/2022 registered with the Wadala T. T. Police Station, under Sections 326, 323, 504 of the Indian Penal Code, 1860 (hereafter "the IPC", for short).

3.

It is alleged that the applicant on October 22, 2022, at 23:00 hours, assaulted the complainant with a bamboo stick. The applicant was annoyed because the complainant has filed the police complaint against the applicant. The 1/3

complainant suffered simple injuries.

4.

Considering the nature of the accusations and the injuries suffered, in my opinion, custodial interrogation of the applicant is not required. There are no criminal antecedents reported against the applicant.

5.

Learned counsel for the applicant submits that till the charge-sheet is filed, the applicant will reside outside the area of the Wadala T. T. Police Station. Statement is accepted.

6.

Hence the application deserves to be allowed by passing the following order.

O R D E R

(a) Application is allowed.

(b) In the event of arrest in connection with First Information Report (FIR) No.685/2022 registered with the Wadala T. T. Police Station, the applicant shall be released on bail on furnishing P.R. Bond to the extent of Rs.15,000/- with one or more sureties in the like amount. (c) The applicant shall report to the concerned police station on 9th and 10th March, 2023, 2/3

between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called and co-operate with the investigation.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Ofocer and shall not tamper with evidence.

(e) The applicant shall furnish the details of his residential address and phone numbers to the investigating ofocer.

(f) Except for attending the investigating ofocer, the applicant shall not enter the area of Wadala T. T. Police Station till the charge-sheet is filed.

7.

The application is disposed of.

(M. S. KARNIK, J.) 3/3