Vasim Pinjari Alias Vasim Sarvar Pinjari v. The State Of Maharashtra And Another

2025:BHC-AUG:22935 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1351 OF 2025 Vasim Pinjari @ Vasim Sarvar Pinjari ... Applicant (Ori. Accused No.1)

Versus

The State of Maharashtra and another ... Respondents .....

Ms. S. T. Kazi , Advocate for the Applicant.

Mr. M. K. Goyanka, APP for Respondents-State. .....

CORAM :

ABHAY S. WAGHWASE, J.

Reserved on : 21.08.2025 Pronounced on : 22.08.2025 ORDER :

1.

This is a pre-arrest bail application apprehending arrest in Crime No. 0390 of 2025 registered at Shahada Police Station, District Nandurbar for offences under Sections 118(1), 115(2), 352, 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita.

2.

Learned counsel for the applicant submitted that alleged incident has taken place all of a sudden in the background of throwing garbage. That, there was no intention. That, there are allegations of assault by means of a stick. That, there is cross complaint, copy of cross complaint is placed on record and therefore, learned counsel submits that there is possibility of counter blast. Lastly, it is submitted that considering the nature of allegations, custodial interrogation is not required.

-23.

Learned APP opposed application on the ground that there is use of stick in assaulting on head and causing injury. That, injury certificate is placed on record. That, vital part like head is targeted and prior to it, there is threat to kill. Hence, for above reasons, it is his submission that serious offence of attempt to commit murder is committed and he seeks rejection of application. 4.

Heard. Perused the FIR dated 04-07-2025. Accused and applicant seems to be neighbours. Incident seems to have taken place on 04-07-2025. Sister of Imran Sarwar Pinjari namely Shahin Pinjari allegedly threw left over and garbage in the gallery of informant and was thereby questioned by informant's wife. It is alleged that, in such backdrop, brother of Shahin Pinjari namely Vasim Pinjari i.e. present applicant came armed with stick and threatening to kill, he allegedly hit the stick on the head of informant causing bleeding injury, whereas accused no.2 Imran Pinjari gave kick and fist blows after being caught hold by Danish and Iliyas, who attempted to throttle. Report to above extent has been lodged against Vasim, Imran, Danish and Iliyas.

Copy of FIR by Shahin against Jakir, Najiyabano and Shahanwaz is also placed on record for commission of offence of outraging modesty and assaulting brothers of informant Shahin i.e.

-3sister of accused Imran. Said FIR is of 05-07-2025 i.e. subsequent to incident in question.

5.

Therefore, prima facie there are cross complaints. Injury certificate placed on record shows that informant Jakir has suffered blunt trauma on mouth, shoulder, knee and back of head. Injury certificate shows that CT Scan of Head was advised, however, its report is not placed on record. Therefore, there is assault on head, more particularly, delicate part like occipital part. There are allegations of threat to kill. In the light of such allegations, this Court is not inclined to grant relief as prayed. Hence, following order :

ORDER

The application is rejected.

[ABHAY S. WAGHWASE, J.] SPT