Dilshad Khan @ Mr Mohammad Dilshad Dost Shaikh And ANR v. The State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2023.07.15 17:12:51 +0500 911-aba-924-23.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 924 OF 2023 1.

Dilshad Khan @ Mr. Mohammad Dilshad Dost Shaikh 2.

Mr. Rais Momin @ Rais Rafk Momin ...Applicants V/s.

The State of Maharashtra

...Respondent.

Mr. S.S. Kharat for the Applicants.

Mr. A.A. Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

31.03.2023.

P.C. :

1.

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

2.

The applicants are apprehending their arrest in Crime No.186 of 2023 registered at Wakad Police Station, Pimpri-Chinchwad for the ofences punishable under Sections 326 and 504 read with 34 of the Indian Penal Code.

3.

According to the prosecution, on the date of incident, which took place on 20 February 2023, the present applicant along with other co-accused assaulted the complainant by bamboo stick and iron rod, on account of some trivial dispute and alleged to have caused grievous injury.

4.

I have heard the learned counsel for the applicants and the learned APP for the respondent/State.

Dinesh S. Sherla 1/2

911-aba-924-23.doc 5.

The learned counsel for the applicants submits that on the date of alleged incident the dispute arose between the son of complainant and applicant No.1 on some trivial issue. It is submitted that the son of complainant and his friends thus assaulted the applicant No.1 by iron rod on his head. It is submitted that considering the overall facts and circumstances, the applicants be released on anticipatory bail. 6.

There appears to be cross FIR in relation to the alleged incident. The applicant No.1 also appears to have sustained injury on his head in the alleged incident. I am, therefore, inclined to release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicants in C.R. No. 186 of 2023 registered at Wakad Police Station, PimpriChinchwad for the ofences punishable under Sections 326 and 504 read with 34 of the Indian Penal Code, they be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.

C) The applicants shall attend the concerned police station as and when called by the Investigating Ofcer and shall cooperate in the investigation.

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