Naser Khan S/O. Gani Khan v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3465 OF 2017 Nasir Khan s/o Gani Khan, Age 40 years, Occu: Business, R/o Nehru Nagar, Katkat Gate, Aurangabad ... Applicant

VERSUS

1.

The State of Maharashtra Through Commissioner of Police, Aurangabad ... Respondents 2.

The Police Inspector, Police Station Jinsi, Aurangabad (City) Mr. Milind K. Deshpande, Advocate for the applicant Mr. S. B. Joshi, APP for the State.

CORAM

: K. L. WADANE, J.

DATE :

31st July, 2017 ORDER:

1.

Heard Mr. Deshpande learned counsel for the applicant and Mr. Joshi, learned APP for the State. 2.

Present Criminal Application is filed under section 438 of the Code of Criminal Procedure for grant of anticipatory bail in connection with Crime No. 56/2017, registered with Jinsi Police Station, Aurangabad for the offences punishable under sections 307, 323, 324, 325, 504, 506, read with section 34 of the Indian Penal Code.

3.

One Sultan Ali lodged complaint with the police 1/3

station alleging that that on 18.02.2017, at about 11.00 p.m, in front of Sahara Hotel, the present applicant, his nephew Rehman, and other accused persons have surrounded the informant. The present applicant asked the informant why the brother of the informant has deposed against the applicant and assaulted the applicant with sword on his head. Nephew of the applicant namely Rehman tried to stab on the stomach of the informant with knife. With these allegations, offence as referred above came to be registered against applicant and other accused persons. 4.

On perusal of the statement of witness Shaikh Rustam Ali Khan dated 27.02.2017, it appears that the present informant himself assaulted the applicant by sword on his leg. Statement of this witness is exactly contrary to the statement in first informant report. 5.

The learned APP submits that after investigation is over, the investigating officer has filed charge sheet against the applicant and other accused persons. 6.

In view of the above, I am of the opinion that applicant is entitled for pre-arrest bail. Hence following order:

2/3

O R D E R

i.

The criminal application is allowed.

ii.

In the event of arrest of the applicant in connection with Crime No. 56/2017, registered with Jinsi Police Station, Aurangabad, he shall be released on bail on his executing P.R. Bond of Rs. 10,000/- [Rs. Ten thousand only], with one solvent surety in the like amount.

iii. Criminal application disposed of.

(K. L. WADANE, J.) JPC 3/3