Mohd. Nasir Riyazuddin Ansari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1731 OF 2019 Mohd. Nasir Riyazuddin Ansari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Rohan P. Surve, for the Applicant.

Mr.A.R. Kapadnis, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 13th August, 2019.

P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No. I-144 of 2017 registered with the Shanti Nagar Police Station, Bhiwandi, Dist.Thane, for the alleged offences punishable under Sections 307, 324, 504, 506 of the Indian Penal Code. 3.

Perused the papers. According to the complainant/injured Saif Saleem Siddiqui, aged 18 years, the incident took place on 25/05/2017 at

2/3 around 6.15 pm. The complainant/injured has stated that the applicant came outside Raja's house, started abusing and stated that he would teach Raja a lesson. The complainant/injured has further stated that the applicant returned and after abusing Raja, stated that he would finish him and accordingly pulled out a knife from his pant pocket and assaulted Raja in his abdomen, pursuant to which his intestine came out. According to the complainant/injured, when he, his friend-Ismail and Raja's father intervened, the applicant also assaulted him on his chest and below his waist and thereafter, ran away from the spot. The injury certificate of Raja shows that he had sustained a grievous injury i.e. a large penetrating stab wound on the left side of anterior abdomen, small navel perforated at 5 sites.

The CT Scan reveals that the penetrating bowel injury with severe intraperitoneal Hemorrhage. The injury certificate of the complainant/ injured shows that the complainant too has sustained grievous injuries i.e. a stab wound over right side of upperchest and stab wound over left side of buttock. The possibility of the applicant tampering with the witnesses also cannot be ruled out.

4.

Considering the aforesaid, this is not a fit case to enlarge the

3/3 applicant on bail. However, the trial of the applicant be expedited. 5.

Accordingly, the application is rejected and disposed of. 6.

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.)