Bombay High Court
Mohd. Altaf Mohd Mazhar vs State Of Mah, Thr P.So. P.S. Grp Akola on 24 June, 2019
Author: Manish Pitale
Bench: Manish Pitale
aba331.19.odt
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRI. APPLN. (ABA) NO. 331 OF 2019
Mohammad Altaf s/o Mohammad Mazhar
-Vs.-
State of Mah., thr. PSO, PS GRP Akola
-----------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
-----------------------------------------------------------------------------------------------------------------------
Mr. A.S.Londhe, Advocate for the applicant.
Mr. V.P. Maldhure, APP for the non-applicant.
CORAM : MANISH PITALE, J.
DATE : 24.06.2019.
The applicant herein has approached this Court seeking anticipatory bail in respect of offence punishable under section 326 read with section 34 of IPC as per FIR dated 12/03/2019. The allegation against the applicant is that due to dispute arising between him and the complainant, both being auto- rickshaw drivers with regard to the right to carry passengers in front of railway station, the applicant along with two other persons assaulted the complainant, thereby causing injuries, resulting in the registration of the FIR.
2. It has come on record that while the applicant is the president of the auto-rickshaw union, the complainant is a former president of the said union. It appears that a dispute between them suddenly resulted into the aforesaid incident, KHUNTE ::: Uploaded on - 25/06/2019 ::: Downloaded on - 26/06/2019 02:38:15 ::: aba331.19.odt 2/3 wherein it is claimed that the complainant suffered certain injuries. Although, the complainant was referred for x-ray examination, the follow up and report thereof does not appear to be on record.
3. In any case, the nature of allegation made against the applicant indicates that so long as the applicant cooperates with the investigation, his custody may not be required. Since reference is made to certain criminal antecedents of the applicant in the reply filed on behalf of the non- applicant, this Court deems it fit to grant relief to the applicant only on the following conditions. Accordingly, the present application is allowed.
(a) In the event the applicant is arrested in Crime No.221 of 2019, registered at Police Station Akola, he shall be released on bail on furnishing PR bond of Rs.25,000/- in the like amount.
(b) The applicant shall attend the said police station once a week i.e. on Sunday between 10.00 am and 5.00 pm till filing of charge-
sheet.
(c) The applicant shall make himself available to the Investigating Officer as and when required.
KHUNTE ::: Uploaded on - 25/06/2019 ::: Downloaded on - 26/06/2019 02:38:15 ::: aba331.19.odt 3/3
(d) The applicant shall cooperate with the investigation and he shall not tamper with the evidence or influence witnesses.
4. The application stands disposed of in the above terms.
JUDGE KHUNTE ::: Uploaded on - 25/06/2019 ::: Downloaded on - 26/06/2019 02:38:15 :::