Ayub Hamid Shaikh And Others v. The State Of Maharashtra And Another

935-ABA-926-22.odt N THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.926 OF 2022 AYUB HAMID SHAIKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Ajinkya A. Joshi h/f. Mr. Sharad V. Natu APP for Respondent No.1 : Mr. S. B. Narwade Advocate for Respondent No.2 : Mr. Nilkanth D. Batule ...

CORAM :

S. G. MEHARE, J.

DATE :

11-08-2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel appearing for respondent No.2/victim. 2.

A report was lodged on 12.05.2022. The offence of serious assault with iron rod, knife and wooden log as well as outraging the modesty of 17 years old girl has been registered against the applicant. The father of the victim has sworn in an affidavit on 20.05.2022 before the Executive Magistrate, Newasa, District Ahmednagar contending that the report against the present applicant was lodged due to misunderstanding. They have settled their dispute. Same way, applicant No.1 has also executed an affidavit. The learned counsel for respondent No.2 has filed letter addressed to him that the father of the victim has sworn in an affidavit dated 20.05.2022. It is taken on record and marked as

935-ABA-926-22.odt Exhibit 'A', for identification.

3.

Both the learned counsel have argued that no serious injuries were suffered to either of the parties. There was misunderstanding and the parties wanted to live peaceful life and maintain good relation in future.

4.

The learned APP opposed the applicants contending that around three persons were injured. He has referred to three injury certificates. None of the injury is grievous. Considering the voluntary settlement in the cases made by the complainant and the accused, this Court is of the view that the custodial interrogation of the applicants would be fruitless. Hence, the following order - i) The application is allowed.

ii) The interim protection granted to the applicants by the order of this Court, dated 19.07.2022, is confirmed on the same terms and conditions.

( S. G. MEHARE ) JUDGE rrd