Majid Javed Akhtar v. The State Of Maharashtra

kvm 1/2 39-BA1936.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1936 OF 2017 Majid Javed Akhtar ..... Applicant

VERSUS

The State of Maharashtra ..... Respondent Mr.M.N.Sandhyanshiv for the Applicant.

Mr.S.V.Gavand, A.P.P. for the State.

CORAM : T.V.NALAWADE, J.

DATE : 29th AUGUST, 2017 P.C.

The application is filed for bail in C.R.No.40 of 2016 registered with City Police Station, Malegaon, Tal. Malegaon, District Nashik for offences punishable under sections 307, 149 etc. of IPC. Both the sides are heard. The papers of investigation are made available for perusal. 2.

The incident in question took place due to previous dispute between the youngsters. On 21st June,2016 in the night time after seeing a movie when the first informant came out of theater, the applicant picked up quarrel with him. The main allegations are made that the main accused Gulzar assaulted him by using chopper then the other, Wasim used stone against him. The allegations are made against present applicant that he picked up a stone which was lying on the spot and he hit

kvm 2/2 39-BA1936.17 the stone on the leg of the injured Rizwan. Rizwan sustained fracture in his leg due to the assault made by the present applicant. 3.

Learned counsel for the applicant placed on record copy of the order made by this court in Bail Application No.997 of 2017 dated 10th August,2017. In that proceeding Mohammed Gulzar is granted bail by this court after considering the entire material. The case of the present applicant cannot be treated on different footing. The applicant is behind the bar since 20th June,2016. In view of the nature of the dispute and the injuries sustained by Rizwan, this court holds that it is not desirable to keep the applicant behind bar till the decision of the case. In the result, the application is allowed. The applicant is to be released on bail on his furnishing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand Only). The applicant is not to tamper with prosecution witnesses. He is not to commit similar offences. He is not to enter the area of City Police Station, Malegaon District Nashik till the disposal of the case filed against him. (T.V.NALAWADE, J.)