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Bombay High CourtABA/2205/2022disposed off

Aasif Rahim Shaikh v. State Of Maharashtra

2023-01-31Hon'Ble Shri Justice N. R. Borkar2 pages

26-ABA-2205-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2205 OF 2022 Aasif Rahim Shaikh ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Himanshu Pujari instructed by Mr. Mahendra Sandhyanshiv for the Applicant.

Mr. S.S. Hulke, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 31 JANUARY 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 74 of 2022 registered at Manmad Police Station, Nashik for the offences punishable under Sections 307, 504, 506 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

There appears to be some financial dispute between the complainant and co-accused Aanish Rahim Shaikh. According to the prosecution, on account of said dispute on 31 March 2022, the present Kanchan P Dhuri 1 / 2

26-ABA-2205-2022.odt applicant and the other co-accused assaulted the complainant by chopper, iron rod and sticks and attempted to kill him. 5.

I have perused the injury certificate. Both the injuries are simple. The motive for alleged assault is not attributed to the present applicant. There are no other criminal antecedents. Considering the overall facts and circumstances, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed : (i) Application is allowed.

(ii) In the event of arrest of the applicant - Aasif Rahim Shaikh in Crime No. 74 of 2022 registered at Manmad Police Station, Nashik for the offences punishable under Sections 307, 504, 506 r/w. 34 of Indian Penal Code, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. ( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.04.03 14:25:48 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2