Shahrukh @ Amir Rashid Tadvi v. The State Of Maharashtra

2024:BHC-AUG:1165 {1} aba1459-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1459 OF 2023 Shahrukh @ Amir Rashid Tadvi APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. N. R. Shaikh, Advocate for the applicant Mr. N. B. Patil, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 19 th JANUARY, 2024 ORDER :

1.

Leave to add Superintendent of Police, Jalgaon as party respondent. Amendment to be carried out forthwith. 2.

Applicant apprehends arrest in Crime No. 191 of 2022 registered with Savda Police Station, District - Jalgoan for offence punishable under section 307, 324, 323, 337, 143, 147, 149, 504 of the Indian Penal Code and under section 37 (1) (c) and 135 of the Maharashtra Police Act.

3.

FIR is lodged by Amir Ramjan Tadvi alleging that 29 accused persons assaulted him with sticks, iron rod, bricks and stones. One Sultan Tadvi assaulted informant on his head with stick. Brother of informant Murad Tadvi was assaulted by Amir

{2} aba1459-23.doc with stick. Stone was thrown at his aunt Dagubai, which hit her nose.

4.

Heard learned advocate for applicant and learned APP for State. Perused the papers of investigation.

5.

FIR is registered on 28th September, 2022 against 29 accused persons and charge sheet is already filed. Some of the accused persons were arrested. So far as present applicant is concerned, he is named by Dagubai Tadvi in her statement given under section 161 of the Criminal Procedure Code, alleging that he threw stone which hit her nose. However, in her statement given under section 164 of the Criminal Procedure Code, she does not name the applicant.

6.

Considering the fact that charge sheet is filed in the present crime and as nothing is to be recovered from applicant, his custodial detention is not necessary.

7.

Hence, the present application is allowed by confirming the interim order dated 5th September, 2023. Applicant shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba1459-23.doc