Irfan Haidari Firoz Irani v. Sartaj Alikhan Irani And ORS

Ladda RS 926-APPLN-16-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 16 of 2016.

Irfan Haideri Firoz Irani ..Applicant.

Vs Sartaj Alikhan Irani & Ors ..Respondents.

Ms. Misbaah Solkar I/by Mr. Amin Solkar for the Applicant. Mr. S.R. Agarkar, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATE : 26th September, 2018.

P.C:- 1) This is an application for cancellation of bail granted to the respondents by the learned Additional Sessions Judge, Sangli by order dated 7th November, 2015 in Criminal Misc.Application No. 927 of 2015.

2) Heard Ms. Misbaah Solkar, learned counsel for the applicant and Mr. Agarkar, APP for the State. Perused the record and considered the submissions advanced by the learned counsel for the respective parties.

3) Records prima facie reveal that the applicant herein had lodged the fist information report against the Respondent No.1 and others for assaulting him by means of an iron rod. Pursuant

Ladda RS 926-APPLN-16-16.doc to the said first information report crime No. 108 of 2015 came to be registered at Sanjay Nagar Police Station for offence under section 326, 504, 506 read with section 34 of IPC. 4) The learned Additional Sessions Judge while granting bail has considered the fact that there were no specific allegations that grievous injury sustained by the first informant/applicant was caused by the respondent no.1. The learned Sessions Judge held that the nature of allegations do not justify custodial interrogation.

5) Having perused the records, in my considered view, the order is neither perverse nor illegal but is based on material on record. There are no supervening circumstances which warrant cancellation of bail. Under the circumstances, no case is made out for cancellation of bail. Hence, the application is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.)