Mohsin Saleem Shaikh And Others v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1556 OF 2022 Mohsin Saleem Shaikh And Others ...Applicants

Versus

The State Of Maharashtra & Another

...Respondents

Mr. S.S. Shiakh, Advocate for the applicants. Mr. N.T. Bhagat, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 1 st DECEMBER, 2022 ORDER :

1.

The applicants are apprehending their arrest in Crime No. 171/2022 registered with Shani Peth Police Station, Jalgaon for the offences punishable under section 324, 323, 337, 504 read with 34 of Indian Penal Code.

2.

In the First Information Report general allegations are levelled against the applicants. Applicant No. 3- Waseem Bagwan allegedly assaulted on the head of the informant. 3.

Heard the learned advocate for the applicants and learned Additional Public Prosecutor for respondents. Perused the

{2} investigation papers.

4.

Injury certificate of the injured does not indicate any injury on the head which is attributed to applicant No. 3Waseem Bagwan. The main allegations of assault are against Shahdulla Bagwan who is not before this Court. 5.

The applicants No. 1 and 2 were granted interim protection and were directed to attend the police station and cooperate in the investigation. The applicants have attended the police station and have co-operated in the investigation. In that view of the matter, pre-trial detention of the applicants is not warranted in the facts of the present case.

6.

The application is therefore allowed.

7.

In the event of arrest of applicants, in connection with Crime No. 171 of 2022, registered with Shanipeth Police Station, District- Jalgaon, for the offences punishable under sections 323, 324, 326, 337, 504 read with 34 of Indian Penal Code, the applicants be released on executing Personal Bonds of Rs. 15,000/- each with one surety each in the like amount.

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Till filing of charge sheet, the applicants to attend the concerned police station as and when called by the investigating officer and co-operate in the investigation. The applicants shall not tamper the prosecution evidence.

[NITIN B. SURYAWANSHI, J.]