Masood Mohammed Ejaz Shaikh v. The State Of Maharashtra

rpa 1/3 14 aba 731 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.731 OF 2021 Masood Mohammed Ejaz Shaikh .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.Aamir Shaikh, Advocate for the Applicant.

Mr.A.R. Kapadnis, APP for the Respondent - State. Mr.Santosh Ugalmugale, API, Mumbra Police Station, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 22, 2021.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.I-76 of 2021, registered with Mumbra Police Station, District-Thane, for the ofences punishable under Sections 506(II), 504, 507 and 427 read with 34 of Indian Penal Code ("IPC", for short). First Information Report ("FIR", for short) was lodged on 26th January, 2021.

The complainant has alleged that on 28th September, 2020, while he was proceeding on two wheeler, he saw Vishal and by RajeP. Aher Date:

2021.03.24 15:17:41 +0530 Shahid quarrelling. He tried to intervene. Vishal had sustained RajeP.

Aher

rpa 2/3 14 aba 731 2021.doc injury and hence complaint was fled with the police. On 25th January, 2021, the complainant was stopped by Adil, Vishal, Maksood and Farooq. He managed to fee. All of them chased the complainant with an intention to assault him. They were armed with weapons. They caused damage to the motorcycle. Learned advocate for the applicant submitted that except ofence Section 427 of IPC, all other ofences are bailable. There was no intention to assault the complainant. Custodial interrogation of the applicant is not necessary. Learned APP submitted that the applicant and others were armed with weapons. CCTV Footage shows their presence with weapons. Damage was caused to the motorcycle. Considering the nature of allegations, custodial interrogation of the applicant is not necessary. Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.731 of 2021, is allowed;

(ii) In the event of arrest of the applicant in connection

rpa 3/3 14 aba 731 2021.doc with C.R.No.I-76 of 2021, registered with Mumbra Police Station, District-Thane, the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) Applicant shall report the investigating oficer, on 30th and 31st March, 2021, between 11:00 a.m. to 01:00 p.m., and thereafter as and when called for by the investigating oficer;

(iv) Anticipatory Bail Application No.731 of 2021, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)