Shahabaz Khan Husen Khan v. The State Of Maharashtra Thr Sakkardara Ps Dist Nagpur

2026:BHC-NAG:1889 1 63 aba834.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION[ABA] NO. 834 OF 2025 SHAHABAZ KHAN HUSEN KHAN

VERSUS

STATE OF MAH. THRU. P.S.O., P.S., SAKKARDARA, DIST. NAGPUR ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. D. N. Mehta, Advocates for the petitioner. Mr. C. A. Lokhande, A.P.P. for the non-applicant/State. CORAM : M. W. CHANDWANI, J.

DATE : FEBRUARY 04, 2026.

1.

Heard the learned counsel appearing on behalf of the applicant and the learned A.P.P. appearing on behalf of the State.

2.

The applicant is apprehending his arrest in connection with Crime No. 302/2025 registered with Police Station, Sakkardara, Nagpur for the offences punishable under Sections 118(2), 115(2), 296, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

The FIR came to be registered on 05.08.2025 in respect of the alleged incident which occurred on 27.07.2025. It is alleged that on 27.7.2025 at about 10.38 pm, the complainant/victim was returning to his home for dinner. His Activa two wheeler was parked in front of his shop. At that time, two persons reached near the shop of the complainant. One person was talking on the phone and he accidentally collided with the two wheeler of the complainant. On that count, they abused

2 63 aba834.25.odt the complainant in filthy language and started beating him. It is also alleged that the applicant assaulted the complainant on his right ankle by means of a heavy object. When he tried to save himself, the applicant assaulted the complainant with a Fighter plus knife due to which he sustained severe injury. It is also contended that he was required to be admitted in the hospital for 15 days for treatment.

4.

Perusal of the record shows that there is a delay of eight days in lodging the FIR. It is also alleged that the applicant repeatedly assaulted the complainant on his ankle by means of a Fighter plus knife. However, the Discharge Card of the complainant issued by Chaudhary Hospital does not mention any cut injury. Perhaps, the alleged incident might have occurred, but not in the manner which is stated in the FIR.

5.

Considering the delay in lodging FIR and the injury report, a case is made out for grant of anticipatory bail to the applicant by confirming the ad-interim protection granted to him.

6.

Accordingly, the ad-interim protection granted to the applicant by this Court (Coram : Mrs. Vrushali V. Joshi, J.) vide order dated 11.11.2025 is hereby confirmed on the same terms and conditions, except clause (iv) of the operative order.

7.

The applicant shall attend the concerned police station as and when directed by the Investigating Officer and cooperate in the investigation.

3 63 aba834.25.odt 8.

The applicant shall not indulge in pressurizing the prosecution witnesses and shall not tamper with the prosecution evidence in any manner.

9.

Needless to mention that the observations made in this order are prima facie in nature, solely for the purpose of deciding the present application.

10.

The application is allowed and disposed of in the aforesaid terms.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 05/02/2026 14:51:46