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Bombay High CourtABA/708/2023application allowed

Afsana Imran Khatik v. The State Of Maharashtra

2023-07-06Hon'Ble Shri Justice R. M. Joshi2 pages

940-ABA-708-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.708 OF 2023 AFSANA IMRAN KHATIK

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. C. P. Patil APP for Respondents: Mr. G. O. Watamwar ...

CORAM:R.M. JOSHI, J DATE :JULY 06, 2023 PER COURT :

1.

Applicant is a lady apprehending arrest in connection with with C.R. No. 218 of 2023 registered with M.I.D.C. Police Station, District Jalgaon for the offences punishable under Sections 326, 337, 504 read with Section 34 of the Indian Penal Code.

2.

Perusal of the FIR shows that the allegation of causing serious injury with weapon is against coaccused. It is stated that the present Applicant pelted stones at informant. It is, however, not claimed that any of the stones hit to him causing injury. In such circumstances, offence punishable under Section 326 IPC cannot be attributed to the Applicant. Nothing is to be

940-ABA-708-2023.odt recovered at her instance. Hence, Application is allowed by confirming order dated 04th May, 2023. (R.M. JOSHI, J.) Malani