Irshad Rashid Munniwale v. The State Of Maharashtra

2024:BHC-AUG:16625

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 BAIL APPLICATION NO. 1158 OF 2024 IRSHAD RASHID MUNNIWALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shinde D. M. (Through V. C.) APP for Respondent/s-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE :

02.08.2024 PER COURT :- 1.

Heard the learned counsel for the applicant and learned APP for the respondent/s-State.

2.

The applicant seeks bail in Crime No.401 of 2024, registered with Hingoli City Police Station, District Hingoli, for the offences punishable under Sections 307, 326, 324, 323, 143, 147, 148, 149, 504, 506 of the IPC and Section 4/25 of the Arms Act.

3.

It was a quarrel between two groups. Both the groups assaulted each other with deadly weapons and lodged reports against each other. The applicant caused the injury to one of the member of the other group. He was hospitalized and discharged. After discharge, he was arrested in the crime

registered against him and released on bail. The weapon allegedly used in the crime has been recovered at the instance of the applicant. The medical report is silent about the nature of the injury. However, he had a injury on left parietal region. Some affidavits were filed before the learned Sessions Court contending that they have no any objections in this matter. Now-a-days, people are conveniently using the Government machinery. In this case also, the same thing happened. Initially, they assaulted each other and thereafter, pacified the dispute. Be that as it may, the material investigation against the applicant has been completed. Nothing is to be recovered from him. Considering the affidavit of the other side, one could see the fate of the trial.

4.

In the facts and circumstances of the case, no purpose would be served by keeping the applicant behind bar. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant IRSHAD RASHID MUNNIWALE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with

one solvent surety of like amount, on the following conditions :

(a) He should not tamper with the prosecution witnesses.

(b) He should furnish an undertaking before the Investigating Officer that he would not involve in the similar offences till trial is concluded.

(c) He should attend the Police Station as and when called by the Investigating Officer on written notice till filing charge sheet.

(d) He should attend the trial on each and every date after filing the charge sheet.

(S. G. MEHARE, J.) ...

vmk/-