Arbaz Chand Shaikh v. The State Of Maharashtra And Another

2023:BHC-AUG:26939 938-ABA-1859-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1859 OF 2023 Arbaz Chand Shaikh ....Applicant

VERSUS

The State Of Maharashtra And Another

...Respondent

...

Mr. S. J. Salunke, Advocate for Applicant Mr. N. B. Patil, APP for Respondents ...

CORAM:R.M. JOSHI, J DATE :DECEMBER 20, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 245 of 2023 registered with Dharur Police Station, Dist. Beed for the offences punishable under Sections 308, 295-A, 324, 323, 143, 147, 149, 337, 160 of the Indian Penal Code and Section 135 of Maharashtra Police Act.

2.

It is alleged in the FIR that the Applicant has kept his status and over the said status the sentiments of the other community are hurt.

3.

Learned Counsel for the Applicant submits that the said status was kept only for 24 hours and that

938-ABA-1859-2023.odt there is nothing to show that the Applicant had any intention to cause disharmony between two communities. 4.

Sufficient time is given to the investigating agency to make investigation as to the motive/intention of the Applicant behind keeping the said status. Perusal of the Investigating Officer's report does not show any such pre-meditation or malice on the part of the Applicant in keeping the said status.

5.

In view of above, application stands allowed by confirming interim order dated 28th November, 2023. (R. M. JOSHI, J.) Malani