Mohammad Hakim Mohammad Nazar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 ANTICIPATORY BAIL APPLICATION NO. 353 OF 2025 WITH CRIMINAL APPLICATION NO. 917 OF 2025 IN ABA/353/2025 SALIM BEG ALIM BEG AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. G.R. Syed APP for Respondent/State : Ms. Neha B. Kamble Advocate for assisting APP : Mr. Pathan Ziya Jakeriya ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

18/03/2025 Per Court :

1.

Criminal Application No. 917/2025 filed for assisting APP is allowed. Mr. Pathan Z. J. is permitted to assist APP.

2.

Heard the learned counsel for the applicants, the learned APP for the respondent-State and Mr. Z.J. Pathan, learned advocate assisting APP. 3.

The applicants have approached this Court, apprehending arrest in connection with Crime No. 42/2025 dated 25.1.2025 registered with Jintur Police Station, Tq. Jintur, District Parbhani for the offences punishable under sections 117(2), 296, 352, 351(5), 3(5), 119(1) of B.N.S., 2023. 4.

The case against the applicants as stated in the FIR is that informant is running fair price ration shop. On 19.1.2025 present applicants and other accused entered in to the shop of the informant and demanded that foodgrains be given to them immediately. It is stated in the FIR that after such commotion, the applicants and other accused have assaulted the informant. So also in scuffle, gold ring of 3 grams and amount of Rs.2500/- was forcefully taken from the complainant. Thereafter, the informant was

referred to the Civil Hospital, Jintur and after discharge, the informant has filed the FIR against the applicants and other accused. 5.

The learned counsel for the applicants submits that altercation has taken place for non supply of foodgrains and on earlier 2-3 occasions. The learned counsel submits that there is no prior enmity between the applicants and the informant and the altercation has happened in a spur of movement and both the parties sustained injuries. The learned counsel for the applicants submits that thereafter the matter was settled, but after some days, the FIR came to be lodged against the applicants and other accused and as such, cross FIR is also registered by the applicants against the informant.

6.

Today, the learned APP has produced the copy of injury certificate showing the there is simple injuries on the person of the complainant and the same is without X-ray report. The doctor has opined that the injuries are simple. The learned APP submits that if this Court is considering grant of protection in favour of the applicants, the applicants may be directed to remain present before the I.O.

7.

Considering that the injuries are simple in nature, the incident has happened in a spur of movement and that there is altercation on account of foodgrains, at this stage, I deem it appropriate to grant interim protection to the applicants.

8.

In view of the above, in the meanwhile, there shall be interim order in the following terms :- A] Till the next date, in the event the applicants are arrested in connection with Crime No. 42/2025 dated 25.1.2025 registered with Jintur Police Station, Tq. Jintur, District Parbhani for the offences

punishable under sections 117(2), 296, 352, 351(5), 3(5), 119(1) of B.N.S., 2023, they shall be released on bail on furnishing PR bond of Rs.20,000/- each with one or two sureties in the like amount. B] The applicants shall remain present before the investigating officer on 24.3.2025 and 25.3.2025 between 10.30 a.m. and 1.30 p.m. and thereafter as and when required by the investigating officer. C] The applicants shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.

D] The applicants shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

9.

Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

10.

List the matter on 3.4.2025. Interim protection granted today to continue till then only.

[ARUN R. PEDNEKER, J.] SSC/