Mohd Mobin Mohd Husen Qureshi v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2107 OF 2021 Mohd Mobin Mohd Husen Qureshi Applicant versus The State of Maharashtra Respondent Mr.Asif Patel and Kajal Sarvaiya, Advocates for applicant. Mr.S.R.Agarkar, APP, for State.

PSI P.B.Desai, Malvani Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 6th September 2021 PC :

1.

The applicant is apprehending arrest in CR No.536 of 2020 registered with Malvani Police Station for offences under Sections 326, 323, 509, 504 r/w 34 of Indian Penal Code. 2.

The case of the prosecution is that the complainant was assaulted by accused. The applicant was armed with iron rod and assault to complainant is attributed to him, as a result of which fracture is caused to the finger of the complainant. The FIR was registered on 26th May 2020.

3.

It appears that a cross case has been registered against opponents at the instance of accused vide CR No.538 of 2020 for offences under Sections 324, 34 of IPC.

4.

Learned APP pointed out that injury certificate of Samir MANISH SURESH THATTE MANISH SURESH THATTE Date: 2021.09.07 14:14:22 +0530 Padiyar (complainant) and another injured Mehajabin. The injury

2 of 2 10.ABA.2107.2021.doc certificate indicate that complainant had suffered abrasions and fracture to little finger and other injured had suffered swelling which was injury of simple nature. There are no criminal antecedents against applicant. Looking at the nature of offence and injury sustained by the applicant and other injured person, and considering the fact that there are cross cases registered against complainant and others, case for grant of anticipatory bail is made out. Hence, I pass following order :

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) In the event of arrest of applicant in connection with CR No.536 of 2020 registered with Malvani Police Station, the applicant be released on bail on his executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (iii) The applicant shall report the Investigating Officer on 13th, 14th and 15th September 2021 between 11 am and 1 pm and thereafter as and when called for till filing of charge sheet. (PRAKASH D. NAIK, J.) MST