Ahmed Abdul Karim Chaudhary And Another v. The State Of Maharashtra And Another
2024:BHC-AUG:13815
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
978 ANTICIPATORY BAIL APPLICATION NO. 1024 OF 2024 1.
Ahmed Abdul Karim Chaudhary 2.
Abdul Karim Abdul Qadar Chaudhary ..APPLICANTS -VERSUS1.
State of Maharashtra 2.
The Superintendent of Police ..RESPONDENTS ...
Advocate for Applicants : Ms. Shilpa Aurangabadkar h/f Mr.S.S. Jadhav APP for Respondent/State: Ms.R.P. Gaur ...
CORAM :
SHIVKUMAR DIGE, J.
DATE :
9th July, 2024.
P.C.:
1.
The applicants apprehend arrest in connection with FIR No.541 of 2024 registered with Sadarbazar Police Station, Dist. Jalna, for the offences punishable under sections 143, 147, 148, 327, 323, 324, 504, 506, 149 of the Indian Penal Code (For short, "IPC"). 2.
It is prosecution's case that on 26th May, 2024, the informant lodged the complaint to police alleging that on 25th May, 2024, around 11:30 a.m. to 12 noon, when he was going towards Bus Stand, Jalna, at that time, applicants along with accused no.2 came there and they abused his brother on old dispute. At that time, accused no.2-Tahejib Chaudhary took out sharp knife from his pocket and assaulted on right shoulder and hands of the informant. It is alleged that applicant no.1 assaulted the informant with wooden stick on his back and applicant no.2 assaulted with fist and blows. It is alleged that thereafter accused
no.2 - Tahejib took out gold ring from the right hand finger of the first informant.
3.
It is contention of the learned counsel for the applicants that the allegations against the applicants are that they had assaulted the first informant with fist and blows and wooden stick. Accused no.2 has been released on bail. Main allegations are against accused no.2. Custodial interrogation of the applicants is not required, hence requested to allow the application.
4.
It is the contention of the learned APP that the applicants along with accused no.2 assaulted the first informant. Accused no.2 has taken out gold ring of the first informant. The learned APP further submitted that the applicants have criminal antecedents and injuries are corresponding with the injury certificates. Custodial interrogation of the applicants is required, hence 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.
In F.I.R. allegations against the applicants are that they assaulted the informant with fist and kick blows and wooden sticks. The offence registered against the applicants are of the year 2009, 2014 and 2010. Moreover, injury sustained by the informant are simple in nature. Considering these aspects, 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.541 of 2024 registered with Sadarbazar Police Station, Dist. Jalna, for the offences punishable under sections 143, 147, 148, 327, 323, 324, 504, 506, 149 of the Indian Penal Code, the applicants be released on executing personal bond in the sum of Rs.15,000/- 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