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Bombay High CourtABA/300/2025allowed

Sk. Istiyak Sk Mushtaq v. The State Of Maharashtra, Thr. Pso Balapru,Tq. Balapur, Dist. Akola

2025-05-02Hon'Ble Justice Urmila Joshi Phalke2 pages

1 922-ABA 300-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 300 OF 2025 SK. ISTIYAK SK MUSHTAQ ...VERSUS...

THE STATE OF MAHARASHTRA, THR. PSO BALAPRU,TQ. BALAPUR, DIST. AKOLA ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri M.R.Deshmukh, Advocate for applicant.

Shri Anant Ghongre, APP for non-applicant/State.

CORAM

:

URMILA JOSHI-PHALKE , J.

DATE :

nd MAY, Apprehending the arrest at the hands of police in connection with Crime No. 469/2024 registered under Sections 109, 118(1), 118(2), 296, 3(5) of BNS, the applicant approached before this Court for grant of pre-arrest bail. 2.

Heard learned counsel for the applicant to some extent. 3.

Perused the recitals of the FIR and investigation papers, from which, it reveals that the allegation against the present applicant is that he has assaulted the prosecution witness by means of knife, due to which, he has sustained the injuries. Though the investigation is completed and the charge-sheet is filed against the present applicant under Section 299 of Cr.P.C., the knife which is used by the present applicant is to be recovered. The medical certificate which is on record shows that the prosecution witness has sustained the injury. At this stage, no case is made out for grant of ad-interim protection, therefore, prayer for grant of ad-interim protection deserves to be rejected.

2 922-ABA 300-2025.odt 4.

The learned APP waives notice for the State and seeks time to file reply.

5.

Stand over after one week.

6.

Liberty is granted to the applicant to move before the vacation court.

(URMILA JOSHI-PHALKE, J.) B.T.Khapekar Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 07/05/2025 17:32:57