Shaikh Jawwad Shaikh Jabbar v. The State Of Maharashtra And Others

(1) 902 ABA-1231.2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 ANTICIPATORY BAIL APPLICATION NO.1231 OF 2021 WITH APPLN/2732/2021 IN ABA/1231/2021 ABUBAKAR BIN SAIID ALI AMODI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. N.N. Desale, Advocate holding for Mr. A.K. Bhosle, Advocates for the applicants. Mr. A.S. Shinde, A.P.P. for respondent - State. Mr. S.G. Shinde, Advocate assisting the PP.

...

CORAM :

PRAKASH D. NAIK, J.

DATE :

18-11-2021 ORDER :

1.

Leave to amend to implead the first informant as respondent No. 2 in this application. Amendment may be carried out forthwith.

2.

First Information Report was lodged on 17th October 2020 alleging that on 16th October 2020 the informant was standing in the lane near Minara Masjid. Accused No. 1 and others including the applicants reached there in a car and abused the first informant. He was assaulted and his cell phone was snatched. 3.

The F.I.R. was registered vide Crime No. 449/2020 with Jinsi Police Station for the offences punishable under Sections 327, 363, 504 read with Section 34 of the Indian Penal Code. 4.

Learned Advocate for the applicants submitted that in order to maintain harmonious relationship, the first informant and the

(2) 902 ABA-1231.2021.odt applicants have resolved the dispute and the complainant / first informant has no objection to allow this application. 5.

The first informant is represented by the Advocate and he submitted that the first informant has no objection for allowing this application. The affidavit filed by the first informant has been placed on record. In the said affidavit it is stated that the informant do not wish to prosecute the F.I.R. in Crime No. 449/2020 registered with Jinsi Police Station.

6.

Learned A.P.P. submitted that specific role of assault was attributed to the applicants. The informant had sustained injuries. However, the injuries are simple in nature. 7.

Considering the aforesaid factual aspects, this application can be allowed. Hence, I pass following order.

ORDER

(i) ABA No. 1231 of 2021 is allowed.

(ii) In the event of arrest of the applicants in Crime No.449/2021 registered with Jinsi Police Station, Aurangabad, the applicants be released on bail on executing P.R. bond in the sum of Rs. 20,000/- each with one or more sureties in the like amount. (iii) ABA No. 1231 of 2021 as well as Criminal Application No.2732 of 2021 stand disposed of.

(PRAKASH D. NAIK, J.) VD_Dhirde