Kalim Khan S/O Afsar Khan v. The State Of Maharashtra

927- B.A. No. 200-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.200 OF 2023 WITH APPLN/690/2023 IN BA/200/2023 KALIM KHAN S/O AFSAR KHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. N.S. Ghanekar APP for Respondent No.1: Mr. S. P. Deshmukh Advocate for the complainant : Mr. S.E. Shekade ....

CORAM : S. G. MEHARE, J.

DATE : 23.02.2023 PER COURT :

1.

Heard the learned counsel for the applicant, the learned A.P.P. for the respondent-State and the learned counsel for the complainant.

2.

It has been alleged against the applicant that he assaulted the injured with sword stick on his chest and waist. The learned counsel for the applicant would submit that those injuries were superficial. The injured has filed an application through a lawyer and pray to release the applicant on bail.

3.

The learned APP submits that people at their whims are

927- B.A. No. 200-2023.odt using the public machinery. They have unnecessary wasted the valuable time of the police and putting loss to the State exchequer. For using such machinery, heavy cost may be imposed upon the injured. 4.

I do agree with the submission of the learned A.P.P. but it is a State to look into such issues and frame rules for recovering the loss suffered to the State exchequer in such cases. 5.

Be that as it may, the investigation has been completed. The applicant and injured appear to have settled the dispute. Nothing is recovered from the applicant. Hence, the following order :- i) The application is allowed.

ii) Applicant Kalim Khan S/o Afsar Khan be released on bail, on furnishing P.B. and S. B. of Rs. 50,000/- with one solvent surety of like amount in C.R. No. 344/2022, registered with Police Station Nanalpeth, District Parbhani, for the offence punishable under Sections 307 of the Indian Penal Code. 6.

Criminal Application No. 690 of 2023 stands disposed of. ( S. G. MEHARE ) JUDGE ysk