Irfan Mohammad Khan And ORS v. The State Of Maharashtra

Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.05.31 17:34:03 +0530 1 21-ABA-1496-2024.doc WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1496 OF 2024 Irfan Mohammad Khan & Ors.

: Applicants Vs.

State of Maharashtra : Respondent ------------ Adv. Jayendra D. Khairnar, for the Applicant (through VC). Adv. Ashok S. Gawai, APP for the Respondent/State. ------------ CORAM :

KISHORE C. SANT, J.

DATE :

31st MAY, 2024 [VACATION COURT] P.C. :

1.

Heard learned Advocates for the parties.

2.

The FIR is lodged against the present Applicants at Chikhali Police Station, Pimpri Chinchwad, on 22nd April, 2024 at 9.53 a.m. It is alleged that the Applicants had assaulted the informant and family members. From the FIR it is seen that there was quarrel between the parties and on that there was free fight taken place. It is specifically stated in the FIR that after the Applicants started assaulting the informant and his family members also assaulted the members of the other group with weapons in their hands.

2 21-ABA-1496-2024.doc 3.

It is seen from the record that even the Applicant No.1 had lodged a complaint with the police prior in time bearing FIR No.233 of 2024 at 8.48 a.m. Thus it appears that there is free fight between the two groups, this Court is satisfied that prima facie case is made out to issue notice and to grant interim protection. Hence the following order.

ORDER

(a) Issue notice to Respondent, returnable on 14th 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.235 of 2024, registered with Chikhali Police Station, Pimpri Chinchwad for the offences punishable under Section 326, 324, 323, 504, 506, 143, 146, 147, 148 & 149 of Indian Penal Code, 1860 and Section 7 of Criminal Amendment Act, 2013 and Sections 37(1) & 3 of Maharashtra Police Act, 1951, he shall be released on bail on furnishing P.R. Bond and solvent surety in the sum of Rs.15,000/-.

(c) The Applicant shall not try to influence the

3 21-ABA-1496-2024.doc investigation and co-operate with the investigating 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.

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

(KISHORE C. SANT, J.)