Firoj Nana Pathan v. The State Of Maharashtra

902-ABA 1341-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1341 OF 2019 Firoz Nana Pathan ...Applicant Vs.

State of Maharashtra

...Respondent

Mr. Rupesh Zade, for the Applicant.

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

CORAM :

SARANG V. KOTWAL, J.

DATE : JUNE 25, 2019 P.C.:

1.

The applicant is seeking anticipatory bail in connection with C.R. No.451/2019 registered with Baramati Taluka Police Station under Section 307, 504 and 506 of IPC.

2.

The FIR is lodged on 17/5/2019 by one Dyaneshwar Kokare. The informant has stated in his FIR that the informant had sold two goats to the present applicant for Rs.15,000/­. The applicant had paid only Rs.3,000/­ and had not paid the balance amount. The informant was asking the applicant to make the payment. However, the applicant was continuously avoiding him. On 15/5/2019, when the informant went to the applicant's shop and demanded money, the applicant removed Sattur from his shop and attacked the informant. Mamta Kale

902-ABA 1341-19 The informant tried to save himself and the blow fell on his right hand thumb. On this basis, the FIR is lodged.

3.

Heard Mr. Rupesh Zade, Ld. Counsel for the applicant and Mr. Yadav, Ld. APP for the State.

4.

Mr. Zade submitted that the applicant is falsely implicated. He has not committed any offence. The offence is not serious and custodial interrogation is not necessary.

5.

I have perused the investigation papers and in particular the injury certificate of the informant. The injury certificate shows that there was partial amputation of the right hand thumb. Hence, offence is serious. The allegations are clearly made against the present applicant. The custodial interrogation of the applicant is necessary. Hence, there is no merit in the application. The application is accordingly rejected.

(SARANG V. KOTWAL, J.) Mamta Kale