Syed Asim Raza S/O Syed Kashim And Another v. State Of Maharashtra, Through P.S.O. Chandurbajar, Amravati
1 aba324.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (ABA) No. 324 of 2015 (Syed Asim Raza S/o Syed Kashim and anr. Vs. State of Maharashtra through PSO, Chandurbajar, Tq. Chandurbajar, Dist. Amravati) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri R. M. Ahirrao, Advocate for applicants Smt. K. S. Joshi, APP for the State/non-applicant CORAM : P. B. VARALE, J.
DATE : 10-8-2015.
Heard learned counsel for the applicants.
The applicants are before this Court seeking protection in nature of pre-arrest bail apprehending their arrest in connection with Crime No. 114/2015 registered at Police Station, Chandurbajar, Tq. Chandurbajar, District Amravati for the offences punishable under Sections 143, 144, 147, 148, 149 and 307 of the Indian Penal Code.
Perused the report lodged at the instance of Shri Nitin Pawar and the reply filed by the State. Learned Additional Public Prosecutor made available the material collected by the investigating agency. It is the submission of learned counsel for the applicants that a vague reference is made in the .....2/-
2 aba324.15.odt report about the presence of these applicants. He submitted that as per the material available with the applicants i.e. the Medical Certificate issued by the General Hospital, Amravati, the alleged victims have suffered the injuries which can be said to be minor injuries and as such, the case against these applicants of their involvement in offence under Section 307 of the Indian Penal Code is far-fetched and a false case is registered. Learned counsel further submits that some of the accused are enlarged on regular bail and some accused are granted protection in nature of anticipatory bail.
Learned Additional Public Prosecutor opposes the application. She submits that there is a specific reference about the applicants in report specifically these applicants are armed with iron rods and they gave blow to the vital parts of the body of victims and in the said incident, there are 3 to 4 victims injured. Learned Additional Public Prosecutor invited my attention to the certificate issued by the Medical Officer. On perusal of the certificate issued by the Medical Officer, it clearly reveals that these .....3/-
3 aba324.15.odt victims received the injuries on their vital part i.e. the head injuries. The victims also suffered fracture. From perusal of the material presented by the learned Additional Public Prosecutor, it is clear that these applicants armed with iron rods gave blows to the victims on the vital part of the body. The role of the applicants is reflected in the material. In my opinion, this is not a fit case to grant protection in nature of pre-arrest bail. Hence, the application being meritless, stands rejected.
Interim protection, if any, granted stands vacated.
JUDGE wasnik ...../-