Mohammed Firoz Ibrahim Khan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1467 OF 2024 Mohammed Firoz Ibrahim Khan ... Applicant Vs.

TALLE SHUBHAM ASHOKRAO The State of Maharashtra ... Respondent TALLE SHUBHAM ASHOKRAO Date: 2024.05.29 13:05:15 +0530 ---------------- Mr. Anand Panday i/by Mr. Khalid Shaikh, for the Applicant. Ms. S. E. Phad, APP for the Respondent/State. Probationary P.S.I. Shankar Patil, Nirmal Nagar Police Station, Mumbai. ----------------- CORAM : KISHORE C. SANT, J.

DATE : 28th May, 2024 (VACATION COURT) P.C.:- 1.

Heard for sometime, the Applicant has approached this Court seeking his release on bail in connection with FIR No. 0320 of 2024, registered with Nirmal Nagar Police Station, Mumbai for the offences punishable under Section 452, 324, 323, 504 of the Indian Penal Code. 2.

The allegation is that on 1st May, 2024 @ around 01.15 a.m. to 02.15 a.m the Applicant committed house trespass and assaulted the Informant with the helmet. He further assaulted Informant with the iron rod on the head of the Informant. The Informant received injury to his nose because of the said assault.

3.

The learned Advocate for the Applicant argued that the offence 1/3

is not serious, there is no any grievous injury caused to the Informant. There are no criminal antecedent.

4.

The learned App submits that from report, medical certificate and city scan report available shows that the Informant has received grievous injury and the case is made out under Section 326 and the police is now adding the said Section. She thus opposes the bail application. 5.

Considering the above, following order.

ORDER

a) Issue notice to Respondents, returnable on 18th June, 2024. Learned APP waives notice for Respondent/State. b) Till the next date, in the event of arrest of the Applicant in connection with FIR No. 0320 of 2024, registered with Nirmal Nagar Police Station, Mumbai, for the offences punishable under section 452, 324, 323, 504 of the Indian Penal Code 1860, he shall be released on bail on executing P.R. bond and solvent surety in the sum of Rs.15,000/-.

c) The Applicant shall not try to influence the investigation and co-operate with the investigation officer. The Applicant not to tamper with evidence and not try to pressurize any of the witnesses.

d) The Applicant shall attend the concerned police station as and when called for.

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e) The Applicant shall keep informed the concerned Police Station about his residential address, mobile number etc. and other contact details.

(KISHORE C. SANT, J.) 3/3