Mohammed Hanisoddin Alias Anisoddin Mohammed Hafizoddin Farooqui Inamdar v. The State Of Maharashtra
{1} BA 55 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 26 BAIL APPLICATION NO.55 OF 2021 WITH CRIMINAL APPLICATION NO.787 OF 2021 IN BA/55/2021 Mohammed Hanisoddin alias Anisoddin s/o Mohammed Hafioddin Farooqui Inamdar, Age: 35 years, Occu.: Business, R/o. Millat Nagar Road, Devi Nagar, Degloor Naka, Nanded, Taluka and District Nanded.
..Applicant
VERSUS
The State of Maharashtra, through the Ofcer Incharge, Nanded Rural Police Station, District: Nanded.
..Non-applicant/ Prosecution/ Respondent ...
Advocate for Applicant in BA/55/2021 : Shri R.S.Deshmukh, Senior counsel alongwith Shri Govind Kulkarni and Shri Shriram Deshmukh i/b.Shri Devang R. Deshmukh APP for Respondent : Shri S.P.Sonpawale Advocate for Applicant in Application No.787 of 2021 : Shri M.K.Bhosale ...
CORAM : M.G.SEWLIKAR, J.
DATE: 30th August, 2021 PER COURT:- 1.
Heard.
2.
Prosecution's case can be succinctly stated as under: The informant has a medical shop. He had started this
{2} BA 55 OF 2021 shop in front of medical store of his uncle and uncle's sons. Therefore, the applicant and his uncle i.e. accused were not on good terms. On 25th March, 2020 at about 03:00 p.m., the applicant and all other accused gathered in front of his house and called the informant out. The deceased Junaid was the real brother of the informant. Accused Yunus Inamdar was armed with a rife, accused Gaus Namdar was armed with a sword. Accused Sarovar Inamdar was having a knife, accused Adil was holding a sword. All of them assaulted the informant. Accused Yunus Inamdar fred from his rife on the back of the informant. When his brother Junaid (the deceased) came to his rescue, accused Sarovar Inamdar stabbed in the chest of deceased Junaid. Applicant Anis Inamdar throttled him.
Junaid was shifted to the hospital where he was declared brought dead. On these allegations, Crime No.0159 of 2020 came to be registered in Nanded Rural Police Station, District Nanded, under Sections 302, 307, 143, 147, 148, 149, 504, 506, 188 of the Indian Penal Code and Sections 3/25, 4/25, 4/27 of the Indian Arms Act and Section 135 of the Maharashtra Police Act.
3.
Shri R.S.Deshmukh, learned senior counsel for the applicant submits that the only role ascribed to the applicant is of strangulation. He submits that post mortem report does not
{3} BA 55 OF 2021 indicate any injury by strangulation. He further submits that charge-sheet is fled.
4.
Shri S.P.Sonpawale, learned APP for the respondent-State submits that the statements of the witnesses show that the applicant was armed with a sword. He had assaulted the informant. Therefore, the applicant may not be released on bail. 5.
Adjournment was sought by the prosecution for producing injury certifcate of the informant in support of its contention that applicant was armed with a sword and he had assaulted the informant with it. However, no such certifcate is forthcoming. 6.
On perusal of the charge-sheet annexed with the application, it is seen that the only role attributed to the applicant is of strangulation. It is alleged that after deceased Junaid was stabbed in the chest, applicant strangulated the deceased. Post mortem report does not indicate that the deceased had any such injury. The cause of death is due to stab injuries to heart. Nothing is recovered from the applicant. Charge-sheet has already been fled.
{4} BA 55 OF 2021 7.
It is not the case of the prosecution that the applicant will not be available for trial. He has roots in the society. Since charge-sheet is fled, there is no question of tampering evidence. Considering the pandemic situation created due to Covid-19, I am inclined to release the applicant on bail. Hence, the order:
ORDER
i) Bail Application No.55 of 2021 is allowed.
ii) Applicant be released on P.R.Bond of Rs.50,000/- (Rs.Fifty thousand only) with one solvent surety in the like amount, in connection with Crime No.0159 of 2020 registered with Nanded Rural Police Station, District Nanded, under Sections 302, 307, 143, 147, 148, 149, 504, 506, 188 of the Indian Penal Code and Sections 3/25, 4/25, 4/27 of the Indian Arms Act and under Section 135 of the Maharashtra Police Act.
iii) Bail Application No.55 of 2021 is disposed of. iv) Criminal Application No.787 of 2021 fled for assist to Public Prosecutor is also disposed of.
( M.G.SEWLIKAR ) JUDGE SPT