Bombay High Court
Sajid Bhai Kabir Sayyad vs The State Of Maharashtra on 22 June, 2020
Author: M. G. Sewlikar
Bench: M. G. Sewlikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
22 ANTICIPATORY BAIL APPLICATION NO. 387 OF 2020
Sajid Bhai s/o Kabir Sayyad,
Age : 50 years, Occu.: Agriculture & Business,
R/o.: Dargapur Road, Ahmedpur,
Tq. Ahmedpur, District : Latur ... APPLICANT
VERSUS
The State of Maharashtra through :
Police Inspector, Police Station Ahmedpur,
Tq. Ahmedpur, District : Latur ... RESPONDENT
...
Advocate for Applicant : Ms. Poonam Bodke Patil
APP for Respondent-State : Mr. S. P. Tiwari
...
CORAM : M. G. SEWLIKAR, J.
DATE : 22.06.2020
PER COURT :-
1. This is an application under Section 438 of Cr.P.C. for grant of
anticipatory bail in connection with Crime No. 0109 of 2020 under
Sections 143, 144, 147, 148, 307, 332, 333, 353, 504 read with 149
of the Indian Penal Code and under Section 135 of the Maharashtra
Police Act registered with Ahmedpur Police Station, District Latur,
2. Prosecution case in brief is that on 20.03.2020 the informant
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Police Naik, Shivprasad Rangwal was on duty along with Police Head
Constable Bhise. The informant and Police Head Constable Bhise
were directed to go to Char Tangi Lane at Ahmedpur, where a scufe
was going on. Therefore, he, PSI -Jadhav, Head Constable Bembde
and Head Constable Bhise along with others went to Char Tangi
Lane, Ahmedpur. Free fghting was going on between two groups
one of Sayyad and the other of Maniyar. They were assaulting each
other with stones, cricket bats and sticks. Aplicant was also a
member of the said group. The informant and other police staf tried
to intervene and control the mob, but the applicant and others got
annoyed because of police intervention and instigated the members
of the mob to assault the police personnel. Therefore, one Matin
Sayyad assaulted PSI Jadhav with cricket bat, Lala Sayyad assaulted
Head Constable Bembde by means of stone, Furdin Sayyad
assaulted Police Naik Devle by means of stick but the said Devle
intercepted the blow by his left hand. Thus, members of the
unlawful assembly used criminal force against the police personnel
to deter them from discharging their duties. Hence, FIR was lodged.,
on the basis of which, the ofence under aforesaid sections was
registered.
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3. Heard Ms. Poonam Bodke Patil, learned counsel for the
applicant and Shri S. P. Tiwari, learned APP for the State. She
submitted that the applicant has no role to play in the alleged
ofence. As per the FIR, he was simply present there. He did not
assault any of the police personnel. Therefore, his custodial
interrogation is not necessary as nothing is to be recovered from
him. She, therefore, prayed for releasing the applicant on
anticipatory bail.
4. Shri S. P. Tiwari, learned APP for the State argued that the
applicant instigated the mob to attack the police personnel. At his
instigation, the mob attacked the police personnel. One of the
members of the mob assaulted PSI - Jadhav. Therefore, there is
prima facie evidence indicating the involvement of the applicant in
the ofence.
5. On perusal of the FIR and other papers annexed with the
application, it is noticed that the applicant is simply shown to be
present at the spot of the incident. From the bare allegations of the
FIR, it is evident that no specifc role is attributed to the applicant.
There is nothing on record to show that the applicant had instigated
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the mob to attack the police personnel. In this view of the matter,
custodial interrogation of the applicant does not seem to be
necessary. I am, therefore, inclined to release the applicant on
anticipatory bail. Hence, the order :
ORDER
1. Application is allowed.
2. The applicant Sajid Bhai s/o Kabir Sayyad be released on bail on furnishing P.R. bond of Rs.15,000/- with one solvent surety in the like amount, in the event of arrest of the applicant in Crime No.0109 of 2020 under Sections 143, 144, 147, 148, 307, 332, 333, 353, 504 read with 149 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act registered with Ahmedpur Police Station, District Latur, on condition that he shall not interfere in the investigation and shall attend the concerned Police Station as and when called upon by the Investigating Officer of the concerned Police Station.
3. The application is accordingly disposed of.
(M. G. SEWLIKAR, J.) vsm/-
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