Bombay High Court
Shaikh Farukh S/O Abdul Majid vs State Of Maharashtra on 6 August, 2020
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
ABA-476-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.476 OF 2020
1. Shaikh Farukh s/o Abdul Majid
Age: 63 years, Occu.: Nil,
2. Shaikh Taufeeq Shaikh Farukh,
Age: 34 years, Occu.: Agri.,
Both R/o Raj Mohalla, Ghise Kha Nagar,
Sailu, Tq. Sailu, Dist. Parbhani ... Applicants
Versus
The State of Maharashtra
Through Police Station, Sailu,
Tq. Sailu, Dist. Parbhani. ... Respondent
..........
Mr. M. P. Tripathi, Advocate for applicants.
Ms. Vaishali Jadhav-Patil, APP for respondent-State.
..........
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 6th August, 2020
ORDER :
. Heard learned Advocate Mr. M. P. Tripathi for applicants and learned APP Ms. Vaishali Jadhav-Patil for respondent-State.
2. The applicants are apprehending their arrest in connection with Crime No.119 of 2020 registered with Sailu Police Station, Tq. Sailu, Dist. Parbhani for the offences punishable under Sections 307, 324, 323, 504, 506, 34, (1) ::: Uploaded on - 06/08/2020 ::: Downloaded on - 07/08/2020 06:41:45 ::: ABA-476-2020.odt 188, 269, 270 of Indian Penal Code and Section 4 and 25 of Arms Act.
3. It has been vehemently submitted on behalf of the applicants that the FIR in which they are apprehending their arrest is, in fact, a counterblast to the FIR lodged by them vide Crime No.118 of 2020 for the offences punishable under Sections 307, 324, 143, 147, 148, 149, 188, 270, 269, 504, 506 of Indian Penal Code, Section 4 punishable under Section 25 of Indian Arms Act and Section 135 of Maharashtra Police Act. Applicant No.1 is 63 years old person, having history of paralysis and he is suffering from diabetes and blood pressure which requires regular medicines. There is dispute in respect of landed property between the informant and family of the applicants. No injury is caused to the informant or his brother, though there is allegation that the present applicants had used sword while inflicting injuries. Physical custody of the applicants is not at all required. The allegations in the FIR and the medical certificates of the injured do not attract offence punishable under Section 307 of Indian Penal Code. The other offences are bailable in nature. He, therefore, prayed for release of the applicants on anticipatory bail.
4. Per contra, learned APP strongly opposed the application by submitting that the dispute started when a Nala was created with the help of JCB near the road. Applicant No.1 had used knife while inflicting blow on the informant and other eye witnesses. Applicant No.2 has criminal antecedents. He (2) ::: Uploaded on - 06/08/2020 ::: Downloaded on - 07/08/2020 06:41:45 ::: ABA-476-2020.odt is an accused in Crime No.16 of 2011 for the offences punishable under Sections 324, 323, 143, 148, 149 of Indian Penal Code and Crime No.221 of 2018 for the offences punishable under Sections 353, 379 read with Section 34 of Indian Penal Code. There is one offence pending against applicant No.1 i.e. Crime No.16 of 2011 for the offence punishable under Sections 324, 323, 143, 147, 148, 149 of Indian Penal Code. This also disentitles the applicants from releasing on bail.
5. The first information report has been lodged by one Abdul Wajid Abdul Majid. He has stated that when he was present on his agricultural land at about 5.00 p.m. on 21-05-2020, applicant No.1, who is the real brother of the informant, had created a Nala with the help of JCB and therefore, it was objected by the applicants. Thereafter, at about 12.30 p.m. on 22-05-2020 when the informant and his son were talking with each other, applicant No.1 came to the spot holding sword. There were altercations between them. Abuses were hurled. When applicant No.1 had tried to assault with the sword, it was ducked by the informant, however, he received the blow on his left hand finger. When the informant and other persons gathered at the spot, started human cry, at that time, applicant No.1 came with knife. Applicant No.2 has assaulted the informant's nephew Wasim by means of sword on Wasim's stomach and hand. Informant and his family members have received injuries. Perusal of the Medico Legal Certificate shows that they have received simple injuries. However, it is stated that almost all (3) ::: Uploaded on - 06/08/2020 ::: Downloaded on - 07/08/2020 06:41:45 ::: ABA-476-2020.odt the injuries are possible by sharp weapon, when sword as well as knife are required to be recovered. Investigation is still incomplete. Both the applicants are having criminal background, no case is made out to grant anticipatory bail to them, though it appears that Crime No.118 of 2020 was lodged prior in time. Hence, application stands rejected.
[SMT. VIBHA KANKANWADI, J.] SCM (4) ::: Uploaded on - 06/08/2020 ::: Downloaded on - 07/08/2020 06:41:45 :::