Syed Wasim Syed Hussain v. The State Of Maharashtra, Thr. Pso Of Pso, Paratwada, Tah. Anjangao, Dist. Amravati
2025:BHC-NAG:5546 1 70.ABA.393-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 393 OF 2025 ( Syed Wasim Syed Hussain Vs.
State of Maharashtra, Thr. PSO of P.S.O. Paratwada, Tah. Anjangao, Dist, Amravati ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Saumitra Kanetkar, Advocate h/f Mr. Mohd. Amin, M.Salim, Advocate for the Applicant.
Mr. M.J. Khan, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 16th JUNE, 2025 1.
Heard.
2.
Apprehending the arrest at the hands of Police in connection with Crime No.317/2025 registered with Police Station Paratwada, District Amravati for the offences punishable under Sections 118(1), 118(2), 3(5), 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, the Applicants approached to this Court for grant of anticipatory bail. 3.
Heard learned Counsel for the Applicant, who submitted that the Applicant has arraigned as an accused on the basis of the false and frivolous allegations. He submitted that, as far as the custodial interrogation is concerned, which is not required as the Applicant is ready to produce the Iron Rod if he is directed to attend the Police Station. In view of that, he be protected by granting anticipatory bail.
2 70.ABA.393-2025.odt 4.
Learned APP strongly opposed the said Application on the ground that the injured has sustained grievous injuries in a nature of a fracture i.e. bicortical displaced fractured noted at 4th and 5th meta carpal bone with associated soft tissue swelling. He submitted that, the weapon of the offence is to be recovered, and therefore, his custodial interrogation is required.
5.
On hearing both the sides and on perusal of the recitals of the FIR and investigation papers, it reveals that, the present Applicant has went to the house of the informant, knocked the door and assaulted him for inimical reasons which resulted him to the fracture injuries. Considering the nature of the offence, custodial interrogation of the present Applicant is required for the purpose of recovery of weapon. In view of that, the Application deserves to be rejected. Accordingly, I proceed to pass following order:
O R D E R
i.
The Application is rejected.
6.
Pending application/s, if any, shall stand disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 17/06/2025 18:48:00