Mohd. Ibrahim Karamullah Khan v. The State Of Maharashtra And ANR

IRESH SIDDHARAM MASHAL Date: 2021.12.23 15:48:18 +0530 IRESH SIDDHARAM MASHAL 907.3075.21 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3075 OF 2021 MOHD. IBRAHIM KARAMULLAH KHAN ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENTS AND ANR Mr. Satish R. Mishra for the applicant Mr. Ajay Patil APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 21, 2021.

P.C.:

1] Applicant is seeking pre-arrest bail in C.R. No. 375/2021 registered with Wadala T.T. Police Station for offence punishable under Sections 326, 323, 504, 506 r/w 34 of the Indian Penal Code. 2] Prosecution case against the applicant is, applicant and complainant were initially on friendly terms and applicant took hand loan from the complainant. When insisted for refund applicant assaulted the complainant resulting into fracture. 1/2

907.3075.21 aba.doc 3] Submissions of learned counsel for the applicant are, fake allegations are made against the applicant and there is every likelihood of false implication.

4] Learned APP opposed the prayer.

5] Considered submissions.

6] From record it appears that complainant suffered grievous injury. Even if there is delay in lodging FIR same cannot be attributed to the complainant to have come out with an afterthought story particularly when he was taking treatment in the hospital. There is enough material on record to infer prima-facie involvement of the applicant in an offence which is punishable more than 7 years. 7] Application accordingly stands rejected.

[NITIN W. SAMBRE, J.] 2/2