Minabai Suresh Nalavade And Others v. The State Of Maharashtra

934-ABA-756-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.756 OF 2023 WITH ABA/660/2023 MINABAI SURESH NALAVADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants in ABA/756/2023 : Mr. S. G. Shinde h/f Mr. A. K. Bhosale Advocate for Applicant in ABA/660/2023: Mr. A. S. Radikar APP for Respondents: Mr. S. P. Sonpawale ...

CORAM:R.M. JOSHI, J DATE :JULY 12, 2023 PER COURT :

1.

Applicants apprehend arrest in connection with with C.R. No. 62/2023 registered with Harsul Police Station, Dist. Aurangabad for the offences punishable under Sections 141, 143, 147, 149, 326 of the Indian Penal Code.

2.

Informant Shabana reported the incident occurred on 31.03.2023 wherein the present Applicants and others came in front of her shop. It is alleged that co-accused assaulted her with knife. The allegations is made against others that they pelted stones and in such incident one Aslam sustained injury.

934-ABA-756-2023.odt 3.

Perusal of the investigation papers shows that except for the informant Shabana no one else has sustained injury in the incident. Injury caused to the informant cannot be attributed to the present Applicants. Nothing on record to indicate that they had been to the spot with weapon. For want of any corroborative evidence to show that there was pelting of stones which has resulted into causing of injury by Applicants, their liberty deserves to be protected. 4.

In view of above, applications are allowed by confirming order dated 28th April, 2023 & 11th May, 2023. (R.M. JOSHI, J.) Malani