Shaikh Irshad S/O. Shaikh Abdul Rajjak And Others v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 ANTICIPATORY BAIL APPLICATION NO.863 OF 2022 WITH CRIMINAL APPLICATION NO.2528 OF 2022 SHAIKH IRSHAD S/O. SHAIKH ABDUL RAJJAK AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA Mr S.S. Thombre, Advocate for applicants;

Mr V.M. Kagne, A.P.P. for respondent;

Mr M.S. Kharat, Advocate for the applicant in Criminal Application No.2528 of 2022/orig. complainant CORAM : S. G. MEHARE, J.

DATE : 2nd August, 2022 P.C.

1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent.

2.

The complainant has filed Criminal Application No.2528 of 2022 seeking permission to assist the learned A.P.P. For the reasons stated in the application, Criminal Application No.2528 of 2022 is allowed.

3.

It is contended by the original complainant that he has lodged the report against the applicants, i.e. respondents no.1 to 3 herein, due to misunderstanding. Therefore, she has no objection to grant

(2) anticipatory bail to the applicants, i.e. respondents no.1 to 3 herein. The complainant is present in the Court.

3.

In view of the order passed by this Court dated 21.7.2022, the learned A.P.P. has done his job explaining that due to threats the complainant could not disclose the truth. He has also argued that the applicants also viral the threats through face-book. 4.

Be that as it may, the facts reveal that at the first disclosure of the fact to the Medical Officer, there were no complaints against the applicants. In clear terms it was disclosed before the Medical Officer that the complainant suffered the injury due to the vehicular accident. Besides the above, the complainant has filed an application contending that due to the misunderstanding the report was filed. 5.

In view of the facts of the case, this Court is of the view that the application deserves to be allowed. Hence, the following order:- i) The application is allowed.

ii) In the event of arrest, the applicants no.(1) Shaikh Irshad s/o Shaikh Abdul Rajjak, (2) Shaikh Aslam s/o Shaikh Abdul Rajjak and

(3) Shaikh Wasim Akram s/o Sk. Abdul Rajjak, be released on bail, on executing P.B. and S.B. of Rs.20,000/- each with one solvent surety

(3) of the like amount, in C.R. No.0156 of 2022, registered with the Police Station Beed (Rural), Taluka and Dist. Beed, for offence punishable under Sections 307, 323, 143, 147, 148, 149, 324, 506 of the Indian Penal Code and Sections 25, 3 and 4 of the Indian Arms Act.

(S. G. MEHARE, J.) amj