Mohd. Shamim Mohd. Yasin Momin v. The State Of Maharashtra

ABA 1820-19.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1820 OF 2019 Mohd. Shamim Mohd. Yasin Momin .Applicant Vs.

The State of Maharashtra .Respondent Mr. Sachin B. Chandan, Advocate, for the Applicant Mrs. P. P. Shinde, APP, for the Respondent - State Mr. J. A. Shaikh, API, Bhiwandi City Police Station, Thane present

CORAM

:

REVATI MOHITE DERE, J.

DATE :

20.08.2019 P.C.

.

This is the second Anticipatory Bail Application. The first Anticipatory Bail Application was rejected on merits by this Court ( Coram : Revati Mohite Dere, J. ) vide order dated 15.07.2019. The said order is on page No. 10 of the Application. 2.

Learned counsel for the Applicant submits that the change of circumstance is that the Applicant has been acquitted in one of the cases and that in two cases, 'C' Summary has been filed and that he has been acquitted in three cases.

ABA 1820-19.doc 3.

Perused the order dated 15.07.2019. The said Application was rejected on merits and the antecedents were also considered. The incident in question took place on 15.12.2017, when the Complainant - Hashim Mohd. Shakir Ansari had gone to offer Isha Namaz at Bhiwandi. In the said incident that took place, the Complainant's brother - Kasim Mohd. Ansari was assaulted on his head by the Applicant. The said injury is a grievous injury. The Complainant's brother - Kasim Mohd. Ansari was unconscious for four days i. e. from 15th to 19th December, 2017.

4.

Considering the same, no ground is made for taking a different view from the view taken in the order dated 15.07.2019. Accordingly, the Application is rejected.

(REVATI MOHITE DERE, J.)