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Bombay High CourtABA/277/2023application allowed

Noman Faridkhan Pathan v. The State Of Maharashtra And Another

2023-03-20Hon'Ble Shri Justice R. G. Avachat2 pages

20-ABA-277-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 277 OF 2023 Noman Faridkhan Pathan ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. Sohail Subhedar, Advocate h/f Mr. A.K. Bhosle, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondents Mr. S.G. Shinde, Advocate for assist to A.P.P. ....

CORAM : R.G. AVACHAT, J.

DATED : 20th MARCH, 2023 PER COURT :

1.

This is an application under Section 438 of Code of Criminal Procedure. The applicant claims to have an apprehension of being arrested in connection with Crime No. 855 of 2022 registered with M.I.D.C. Waluj Police Station, Dist. Aurangabad for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code ('I.P.C.'). 2.

Heard. Perused First Information Report ('F.I.R.') and related police papers.

3.

The applicant is alleged to have assaulted his father with a shaving blade, causing not less than three grievous injuries. The applicant's mother is 1 / 2

20-ABA-277-23.odt alleged to have assisted him. The investigating officer arrested the mother allowing the applicant to be at large. Be that as it may. The father - informant has appeared through learned counsel and gives consent to grant the applicant anticipatory bail. In view of the same, following order :-

ORDER

(I) Application is allowed.

(II) In the event of arrest of the applicant, in connection with Crime No. 855 of 2022 registered with M.I.D.C. Waluj Police Station, Dist. Aurangabad for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code, he be released on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety in the like amount.

(III) The applicant shall appear before the investigating officer, as and when required for the investigating purpose. (IV) The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2