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Bombay High CourtABA/2104/2021rejected

Khwaja Malang Khureshi v. The State Of Maharashtra

2021-09-06Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 7.ABA.2104.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2104 OF 2021 Khwaja Malang Khureshi Applicant versus The State of Maharashtra Respondent Mr.Adwait P. Madiwle, Advocate, for appliant. Mr.Y.Y.Dabake, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 6th September 2021 PC :

1.

This is an application for anticipatory bail in CR No.418 of 2020 registered with Goregaon Police Station for offences under Sections 353, 332, 188, 269, 270, 504, 506 r/w 34 of Indian Penal Code.

2.

The case of prosecution is that the applicant and the coaccused were involved in obstructing the policeman from discharging his duty and that he was assaulted by accused. The applicant had allegedly assaulted the officer on his chest by fist blows and thereafter by snatching wooden stick from the officer. 3.

The applicant had preferred three applications for anticipatory bail before Sessions Court. All those applications were rejected. Thereafter the applicant preferred application for anticipatory bail before this Court, which has been rejected on merits by order dated 21st October 2020.

MANISH SURESH THATTE MANISH SURESH THATTE Date: 2021.09.07 14:14:22 +0530

2 of 2 7.ABA.2104.2021.doc 4.

Learned counsel for applicant now contends that the applicant has been falsely implicated in this case. The applicant is relying upon affidavit of some persons, who had stated that he has not participated in the offence. The applicant is also relying upon CCTV footage to contend that he is innocent.

5.

I have perused the FIR and the orders passed by the Courts from time to time rejecting the application for anticipatory bail. Specific overt act has been attributed to the applicant. Although the FIR was registered on 30th June 2020 and in spite of rejection of four applications of the applicant, he was not available for investigation. There is no ground to entertain this application. Hence, the Anticipatory Bail Application stands rejected and disposed of as such. (PRAKASH D. NAIK, J.) MST