Sonu @ Sheikh Rizwan Sheikh Nazim v. The State Of Maharashtra, Thr. Pso, Sakkerdara, Nagpur

2025:BHC-NAG:6934

(1) 948.aba.335.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.335 OF 2025 Sonu @ Sheikh Rizwan Sheikh Nazim Vs.

State of Maharashtra, through Police Station Officer, Sakkardara, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. A. S. Mishrikotkar, Counsel for the applicnat. Mr. A.J. Gohokar, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 15/07/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.131/2025 registered with Police Station Sakkardara, Nagpur, District Nagpur for the offences punishable under Sections 109, 118(1), 296 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act, 1951, the applicant approached this Court for grant of anticipatory bail. 2.

Learned Counsel for the applicant, who submitted that as per the FIR lodged by the Mohammad Fizan Irfan Sheikh that there was some dispute between the co-accused and him. On the day of incident i.e. on 27.04.2025 at about 9.30 p.m. present applicant along with the other co-accused came when he was standing near the pan stall and co-accused Riyaz Sheikh has assaulted his brother

(2) 948.aba.335.2025 Mohammad Aman by giving a blow of knife. As far as the present applicant is concerned only allegation is that he has abused and came along with the other co-accused. Considering the nature of the allegation, his custodial interrogation is not required.

3.

Learned APP strongly opposed the application on the ground that in furtherance of the common intention, the applicant and the other co-accused came at the spot of incident. Other co-accused has assaulted the injured and the injured has sustained the grievous injuries. In view of that, the bail application deserves to be rejected. 4.

On hearing both the sides and on perusal of the recitals of the FIR, only role attributed to the present applicant that he has abused the informant and the other prosecution witnesses. As far as the role of the present applicant in the assault is concerned, there is no allegation to that extent. The applicant has already cooperated and produced his mobile phone. In view of that, the interim protection granted to the present applicant deserves to be confirmed. Accordingly, I proceed to pass following order:.

ORDER

(i) The application is allowed.

(ii) The interim protection granted to the present applicant by order dated 09.05.2025 is hereby confirmed on the

(3) 948.aba.335.2025 condition that the applicant shall attend the concerned Police Station once in a week on every Monday between 10.00 a.m. to 1.00 p.m., till filing of the charge-sheet and shall cooperate with the investigating agency.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

(iv) The applicant shall not enter into the jurisdiction of Sakkardara Police Station, Nagpur, till culmination of the trial.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate