Farooque Haroon Shaikh v. The State Of Maharashtra

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4586 OF 2024 Farooque Haroon Shaikh .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Ms. Shabnam Shaikh for Applicant  Mr. Balraj B. Kulkarni, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 19, 2025 P. C.

:

1.

Mentioned at the time of rising.

2.

Heard Ms. Shaikh, learned Advocate for Applicant and Mr. Kulkarni, learned APP for State.

3.

The indictment of the Applicant is for offences punishable under IPC. Ms. Shaikh would inform the Court that Applicant has been a victim of the circumstances in the crime in question. She would submit that the complainant along with his two brothers was attempting to engage in a discussion with the Chairman of the society where the Applicant was residing as a member of the Society regarding certain monetary claims during which an altercation ensued within the society premises. The Applicant intervened and sought to pacify the situation which escalated in a quarrel and dispute. She would submit that Applicant himself is a member of the society and

therefore felt concern with what was going on. She would submit that when the verbal altercation escalated into a scuffle, one of the brothers of the first informant / complainant went to a nearby chicken shop and forcibly took the chicken cutting knife from there and joined the scuffle. She would submit that in the scuffle, Applicant himself also suffered an injury and fell down on the ground but in order to pacify the scuffle and in his self defence certain injuries were also caused to the complainant and other persons. She would submit that the injuries which were caused were simple in nature as can be seen from the medical certificate appended at page No. 86 of the Application. She would submit that Applicant did not carry the weapon. She would persuade the Court to consider the incarceration of the Applicant for the past more than 10 months and consider releasing him on bail.

4.

Learned APP shall take cognizance of the aforementioned facts argued by Ms. Shaikh and apprise the Court after going through the record on the next adjourned date. Considering the aforementioned submissions advanced by Ms. Shaikh, the present Application shall be heard and decided on the next adjourned date which shall be duly noted by the learned APP.

5.

Stand over to 2nd April, 2025.

To be placed on the Supplementary Board.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.03.19 20:35:56 +0530 RAVINDRA MOHAN AMBERKAR