Wasim Salim Patel v. The State Of Maharashtra And Another
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 925 ANTICIPATORY BAIL APPLICATION NO. 565 OF 2025 Wasim Salim Patel
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Chatterji Joydeep APP for Respondents-State: Mr. K. K. Naik ...
CORAM : ARUN R. PEDNEKER, J.
Dated : April 23, 2025.
PER COURT :- 1.
Heard the learned Counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant has approached this Court apprehending arrest in connection with FIR No. 0345/2023, dated 29/12/2023, registered with Nardana Police Station, District Dhule, for offences punishable under Sections 302, 326, 143, 147, 148, 149, 324, 323, 427, 504, and 506 of the Indian Penal Code.
3.
From the material on record, it appears that the incident involved a free fight between two groups, during which a person who intervened sustained injuries and succumbed to them ten days later, leading to the registration of the offence under Section 302 of the IPC. The main accused, Faruk Patel, has been granted regular bail by this Court, having noted that the deceased had intervened in the group clash and sustained injuries caused by the use of sticks and stones lying at the scene at the isntance of Faruk Patel.
1 of
925 ABA 565-2025 4.
As far as the present applicant is concerned, the record indicates that he himself sustained grievous injuries. The applicant had lodged FIR against the informant, having suffered a head injury. In the present FIR, it is alleged that the applicant assaulted Nihal; however, the injuries caused are simple in nature.
5.
Considering the totality of circumstances, including the fact that Nihal has been granted anticipatory bail and that the applicant has sustained grievous injuries and that custodial interrogation may not be necessary, and that the charge sheet has been filed (though the applicant is shown under Section 299 of the Cr.P.C.), the applicant is entitled to be granted interim anticipatory bail.
6.
In the meanwhile, there shall be interim order in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with FIR No.0345/2023, dated 29/12/2023, registered with Nardana Police Station, District Dhule, for the offences punishable under sections 302, 326, 143, 147, 148, 149, 324, 323, 427, 504, 506 of the Indian Penal Code, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount.
B] The applicant shall remain present before the investigating 2 of
925 ABA 565-2025 officer on 28/04/2025 and 29/04/2025 between 10.30 a.m. to 01.30 p.m. and thereafter as and when required by the investigating officer.
C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.
D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.
7.
Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.
8.
List on 06/05/2025.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
3 of