Abdul Haleem Abdul Salam v. State Of Maharashtra

1 913-ABA 2557-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2557 OF 2025 Abdul Haleem Abdul Salam ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Rammani G. Upadhyay for the Applicant.

Mr. P. H. Gaikwad, APP for the Respondent-State. PI Gaurishankar Pable, Wadala TT Police Station is present. ----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.09.19 16:46:15 +0530 CORAM :

N.R. BORKAR, J.

DATE :

18TH SEPTEMBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE 1.

This is an application for anticipatory bail. 2.

The Applicant is apprehending arrest in Crime No.338 of 2023 registered at Wadala TT Police Station for the offences punishable under Sections 307, 323 and 34 of the Indian Penal Code, 1860 read with Section 37(1) and 135 of the Maharashtra Police Act. 3.

According to the prosecution, on the date of incident, which took place on 24th October 2023, the Applicant and the other co-accused assaulted the first informant by knife and attempted to commit his murder due to previous enmity.

4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent - State.

2 913-ABA 2557-25.doc 5.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime and he is implicated in the crime because of the previous enmity. It is further submitted that no specific overt act is attributed to the present Applicant. It is further submitted that nothing is to be recovered from the Applicant and thus there is no need of his custodial interrogation.

6.

On the other hand, Learned APP for the Respondent-State submits that the Applicant is involved in two more crimes. It is submitted that considering the nature of the crime, the Applicant may not be released on anticipatory bail.

7.

I have perused the statement of the first informant. At the time of alleged incident, the Applicant was not armed with any weapon. The alleged injury is attributed to the co-accused. Considering the facts and circumstances of the present case, I am inclined to release the Applicant on anticipatory bail on certain conditions. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.338 of 2023 registered at Wadala TT Police Station for the offences punishable under Sections 307, 323 and 34 of the Indian Penal Code, 1860 read with Section 37(1) and 135 of the Maharashtra Police Act, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

3 913-ABA 2557-25.doc iii. The Applicant shall not enter into the limits of Wadala TT Police Station, except whenever he is called by the investigating officer for the purpose of investigation. 8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)