Farman Yunus @ Innus Sayyad And Another v. The State Of Maharashtra And Another

2024:BHC-AUG:19732

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

954 ANTICIPATORY BAIL APPLICATION NO. 519 OF 2024 1.

Farman Yunus @ Innus Sayyad 2.

Azim Rafik Sayyad ..APPLICANTS -VERSUSThe State of Maharashtra and another ..RESPONDENTS ...

Advocate for Applicants : Mr. Tukaram Maruti Venjane APP for Respondent/State : Mr.S.B. Narwade ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

28th August, 2024.

P.C.:

1.

The applicants apprehend arrest in connection with FIR No.0058 of 2024 registered with Murud Police Station, Tq. & Dist. Latur, for the offences punishable under sections 307, 326, 324, 504, 506 read with 34 of the Indian Penal Code (For short, "IPC"). 2.

It is prosecution's case that the civil dispute is going on between the informant and the applicants. On that count, on 9th February, 2024, at around 6:00 p.m., the applicants assaulted the informant, his brothers with iron rod, big knife and wooden stick with an intention to kill them.

3.

It is the contention of the learned counsel for the applicants that the matter is settled between the applicants and informant. They have filed proceedings to quash this crime before the Division Bench of this

Court. It is pending. Considering the allegations against the applicants, their custodial interrogation is not necessary and requested to allow the application.

4.

It is the contention of the learned APP that the applicants assaulted the informant and his brothers with sharp weapons with an intention to kill them. Considering the allegations against the applicants, their custodial interrogation is required and requested to reject the application.

5.

I have heard both the learned counsel. Perused the F.I.R. and police papers produced on record.

6.

The allegations against the applicants are that they assaulted the informant and his brothers with deadly weapon with an intention to kill them. The informant has filed affidavit stating that the matter is settled between him and the applicants. He has no objection to allow the application. Considering these facts, the custodial interrogation of the applicants is not required and I pass the following order :-

ORDER

(i) The application is allowed.

(ii) In the event of arrest of the applicants in connection with FIR No.0058 of 2024 registered with Murud Police Station, Tq. & Dist. Latur, for the offences punishable under sections 307, 326, 324, 504, 506 read with 34 of the Indian Penal Code, the applicants be released on executing personal bond in the sum of Rs.25,000/- each with one

surety of the like amount by each of them, on the following conditions :- (a) the applicants shall attend the concerned police station as and when required by the Investigating Officer.

[ SHIVKUMAR DIGE, J. ] sga