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Bombay High CourtBA/108/2023application allowed

Aslam Latif Makrani And Others v. The State Of Maharashtra

2023-01-24Hon'Ble Shri Justice S. G. Mehare2 pages

944-ba-108-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 108 OF 2023 1.

Aslam Latif Makrani 2.

Latif Murad Makrani 3.

Musaji Faruk Panwala ...Applicants

VERSUS

The State of Maharashtra

...Respondent

...

Advocate for Applicants : Mr. Syed Azizoddin R. APP for Respondent/State : Mr. S.P. Sonpawale ...

CORAM : S.G. MEHARE, J.

DATED : JANUARY 24, 2023 PER COURT:- 1.

Heard learned counsel for the applicants and learned APP for the State.

2.

It has been alleged against the applicant Aslam that he assaulted the injured with iron rod, but the injury certificate reveals that the injured has suffered simple injury. It has been alleged against the applicants Latif and Musaji that they assaulted the injured with fist and blows. Considering the role attributed to them and the progress in the investigation and recovery of the alleged rod as well as the injury sustained to the injured, the Court is of the view that the application deserve to be allowed. Hence, the following order :

944-ba-108-2023.odt (2)

ORDER

(i) Bail Application is allowed.

(ii) The applicants, (1) Aslam Latif Makrani, (2) Latif Murad Makrani and (3) Musaji Faruk Panwala, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety in the like amount in connection with Crime No.589 of 2022, registered with Navapur Police Station, Tq. Navapur, District Nandurbar for the offence punishable under Section 307, 324, 323, 504, 506, 143, 147, 148 r/w 149 of the Indian Penal Code, Sections 4, 25 of the Arms Act and Sections 37(1)(c), 135 of Maharashtra Police Act, on the conditions that; (a) The applicants shall stay away from their residence for one month from the date of their release.

(b) The applicants shall not tamper with the prosecution evidence.

(S.G. MEHARE, J.) Mujaheed//