Bombay High Court
Afsar S/O. Jalal Shaikh vs The State Of Maharashtra on 24 August, 2018
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ACB 33.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLICATION FOR CANCELLATION OF BAIL NO.33 OF 2018
AFSAR S/O. JALAL SHAIKH
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Applicant : Mr. Godbharle Vinod D.
APP for Respondents: Mr V M Kagne
Advocate for Respondents 3-5 : Mr Dhorde Vikram R
...
CORAM : V.K. JADHAV, J.
Dated: August 24, 2018 ...
PER COURT :-
1. The applicant is seeking cancellation of pre-arrest bail granted to respondent nos. 3 to 5 by order dated 2.2.2018 in Criminal M.A. No.16/2018 by the Additional Sessions Judge, Latur.
2. Learned counsel for the applicant submits that present respondents 3 to 5 are ascribed with specific role in the FIR and, even though, the learned Additional Sessions Judge, Latur in the order has observed that they have formed an unlawful assembly and they were the members of the said assembly on the given date, granted pre-arrest bail to them. Learned counsel aaa/-
2 ACB 33.2018.odt submits that, even the learned Additional Sessions Judge, Latur has not considered the antecedents of the respondent nos. 3 to 5. On the basis of the complaint lodged by the present applicant, crime no.560/2017 for the offence punishable under section 307, 326, 324, 323, 504, 143, 147,148, 149 of Indian Penal Code came to be registered in Gandhi Chowk Police Station, Latur against respondent nos. 3 to 5 and 11 other accused persons. Even prior to that, one NC was also registered in the same police station against them.
3. Learned counsel appearing for respondent nos.3 to 5 submits that, the Additional Sessions Judge, Latur has considered the role of the present respondents. Respondent nos. 3 to 5 have simply beaten the informant and witnesses with fist and kick blows. Learned Additional Sessions Judge, Latur thus observed that there is no question of any recovery from the accused and accordingly granted them pre-arrest bail for want of overact on their part. Learned counsel submits that, so far as registration of the earlier crime is aaa/-
3 ACB 33.2018.odt concerned, names of respondent nos. 3 to 5 are not mentioned as an accused persons in the FIR. Even, they are not impleaded as accused persons in the said crime at any time.
4. I have also heard the learned APP for the respondent State.
5. On perusal of the allegations made in the FIR which is subject matter of the present application, it appears that present respondent nos. 3 to 5 have assaulted the informant only with the help of fist and kick blows. Learned Additional Sessions Judge, Latur has thus distinguished the case of the present respondent nos. 3 to 5 on the basis of the allegations made in the FIR. Though, the respondents were the members of the unlawful assembly, prima facie, learned Additional Sessions Judge, Latur has found that they have not shared the common unlawful object while making assault on the informant and other witnesses and considering their overt act of extending beating with aaa/-
4 ACB 33.2018.odt the help of fist and kick blows, granted them pre-arrest bail. So far as crime as pointed out by the learned counsel for the applicant registered on the earlier occasion is concerned, present respondent nos. 3 to 5 are not the accused persons in the said crime. In view of the same, I do not find any fault in the order passed by the Additional Sessions Judge, Latur. There is no reason to cancel the pre-arrest bail granted in favour of the respondent nos. 3 to 5. I do not find any substance in this application. Application is hereby rejected.
( V.K. JADHAV, J. ) ...
Digitally signed
Anuja by Anuja Abhay
Ankush
Abhay Date:
2018.08.27
Ankush 13:40:25
+0530
aaa/-