Syed Ajaz Ali Syed Liyakat Ali Referred In Fir As Shaikh Ajaz Shaikh Chootu v. The State Of Maharashtra

9-cr.appln.no.2396.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2396 OF 2022 Syed Ajaz Ali Syed Liyakat Ali Refered in FIR as Shaikh Ajaz Shaikh Chootu ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.D.A.Karnik, Advocate h/f. Mr.Vivek Dhage, Advocate for applicant Mr.Y.G.Gujrati, APP for State ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : OCTOBER 20, 2023 ORDER (Per Sanjay A. Deshmukh, J.):- Heard.

2.

By this application under Section 482 of the Code of Criminal Procedure, the applicant prays for quashment of the FIR, being Crime No.0244 of 2021, registered with Kotwali Police Station, Parbhani, for the offences punishable under Sections 307, 143, 147, 148, 149, 323, 504 and 506 of Indian Penal Code and Sections 4 and 25 of the Arms Act.

9-cr.appln.no.2396.2022 3.

Learned counsel for the applicant points out the order granting interim bail to the applicant. He submits that in the final order granting anticipatory bail dated 24.01.2023, in paragraph 5, this Court observed that Section 307 of Indian Penal Code cannot be made applicable to this applicant.

4.

The FIR shows participation of the applicant in the crime. The injury certificate shows that there was grievous injury to the hand of the informant. There is prima facie material against him. The application sans merit. The same is rejected. 5.

However, the trial court, at the time of framing of Charge, may consider, as to whether Section 307 of Indian Penal Code can be invoked against the applicants and others or not. 6.

The application sans merit. The same is rejected. [SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP