Mohammed Ibrahim Mohammed Nazeeruddin And Others v. The State Of Maharashtra

917-ABA-443-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 443 OF 2023

1. Mohammed Ibrahim Mohammed Nazeeruddin

2. Mohammed Ameenuddin Mohammed Nazeeruddin

3. Mohammed Aneesuddin Mohammed Nazeeruddin ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. M.K. Bhosale, Advocate for applicants Mr. K.N. Lokhande, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 20th APRIL, 2023 PER COURT :

1.

Heard. The applicants have already been protected by order dated 30th March, 2023.

2.

Learned A.P.P. advert this Court attention to the scene of offence panchanama to indicate that three vehicles were damaged. There is also history of disputes between the two families. According to him, custodial interrogation of the applicants is warranted. 3.

Except offence punishable under Section 327 of the Indian Penal Code, rest all are bailable one. The informant is alleged to have been robbed 1 / 2

917-ABA-443-23.odt of his cell phone. There is prima facie nothing to indicate that those who were robbed of their cell phones have immediately approached their concerned service provider and requested for duplicate SIMs or block the service of said SIMs. There is record to indicate that one of the applicants to have lodged the F.I.R. against the informant herein over the incident that took place four days before the incident in question. Learned counsel for the applicants has, therefore, reason to contend that either a false F.I.R. was lodged or colourful version of a petty quarrel has been given in the F.I.R. 4.

In view of the same, order dated 30th March, 2023 granting the applicants interim anticipatory bail is hereby made absolute. The applicant shall appear before the investigating officer, as and when required for the investigating purpose. The applicant shall not tamper with the prosecution evidence.

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