Shaikh Khalid S/O Shaikh Latif v. The State Of Maharashtra And Others
2025:BHC-AUG:9090
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 947 ANTICIPATORY BAIL APPLICATION NO. 2049 OF 2024
1. SHAKUR KARBHARI SHAIKH
2. IMRAN SHAKUR SHAIKH
3. ABRAR SHAKUR SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr. Shaikh Mazhar A. Jahagirdar APP for Respondent/State: Mr. Ruchir S. Wani ...
WITH CRIMINAL APPLICATION NO. 4965 OF 2024 IN ABA/2049/2024 SHAIKH KHALID S/O SHAIKH LATIF
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Mr. Tupe Rajendra Gorakhanath APP for Respondent/State: Mr. Ruchir S. Wani ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 26.03.2025 P.C. :
1] Heard.
2] The applicants are apprehending arrest in connection with Crime No.0425/2024, registered at Pundliknagar Police Station, District Chhatrapati
Smabhajinagar, for the offences punishable under Sections 118(2), 125, 189(2), 189(4), 190, 191(3), 115(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3] This court by order dated 04.12.2024 having noticing the submissions of the applicant at para 4 granted interim protection to the applicants.
4] The case against the applicants is that they have assaulted the informant on 23.10.2024, while the informant was walking in front of the house.
The learned counsel appearing for the applicants submits that the allegations as noted in the FIR are not correct. It is stated that there had been consecutive two incidences on the same day but in the FIR only first incidence is mentioned in which the present applicants had assaulted the informant and, that, he has produced the injury certificate, which is at page 38, showing fracture injury to the applicant.
The learned APP submits that, in the instant case, the informant suffered injury but it is not on the vital part of the body.
5] Considering the nature of injuries are simple and both the parties have suffered injuries and as it is difficult to ascertain who is the aggressor at this moment, considering this aspect, the interim protection granted
earlier can be confirmed.
6] In view of the above, the interim protection granted by order dated 04.12.2024 stands confirmed, on the following terms:
i] The applicants shall attend the police station as and when required by the Investigating Officer. ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
7] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.
8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
9] The Anticipatory Bail Application stands disposed of.
10] In view of disposal of Anticipatory Bail Application, Criminal Application No.4965/2024 is also disposed of.
[ARUN R. PEDNEKER] JUDGE marathe