Bombay High Court
Raju Ali Akthar Ali Saiyyad And Others vs The State Of Maharashtra on 10 August, 2022
Author: S. G. Mehare
Bench: S. G. Mehare
1 31-ABA.993-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
31 ANTICIPATORY BAIL APPLICATION NO.993 OF 2022
1. Raju Ali Akthar Ali Saiyyad,
2. Nawaz Ali Akthar Ali Saiyyad,
3. Aslam Ali Akhatar Ali Saiyyad
4. Mohmmad Ali Akthar Ali Saiyyad,
5. Zuber Mohmmad Khatik
VERSUS
The State of Maharashtra
...
Advocate for Applicants : Mr. Wagh Mukulanand R.
APP for Respondent-State : Mr. K. S. Patil.
...
CORAM : S. G. MEHARE, J.
DATE : 10.08.2022
PER COURT :-
1. Heard the learned counsel for the applicants and learned
APP for the respondent-State.
2. Both the parties have lodged report against each other
about the alleged incident happened on 02.06.2022. The
allegations against each other are similar. Both of them are
alleging that they have snatched the 10 gram golden chain.
3. Learned counsel for the applicants would submit that the
incident happened on 02.06.2022 at 10.00 p.m. near Talav
Galli, Parola. The present complainant assulted applicant No.2
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Nawaz Ali. He was immediately sent to the hospital for
treatment. He has sustained some injuries. However, his
report was registered on 17.06.2022. To counter the report
lodged by applicant No.1, a false report has been lodged about
the incident of the same date after 20 days. He has also
argued that the complainant has changed the spot of incident .
The false allegations of snatching chain have been made
against applicant No.2. Nothing is to be recovered from the
applicants. The applicants have been unnecessarily involved in
the false crime. Therefore, anticipatory bail may be granted to
them.
4. Learned APP has submitted that the serious allegations
of snatching golden chain have been levelled against applicant
No.2. Therefore, for recovery of golden chain, the custodial
interrogation is essential.
5. In both the FIR, the date of incident is same. However,
the timings and the spot of the incidents have been shown
different. The present FIR is delayed by 20 days. Immediately
after the incident, applicant No.2 Nawaz, who was injured in
the assault allegedly made upon him by the first informant
went to the hospital and taken the treatment there. The
common allegation of snatching golden chain of equal weight
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have been levelled against each other. The inordinate delay is
not satisfactorily explained. No doubt, it may be explained in
due course. Prima facie, it appears that a similar allegations
have been levelled against each other. At this juncture, delay
in lodging the report is a strong circumstance in favour of the
applicants. Except against applicant Nawaz, there are no
serious allegations against other applicants. Taking the facts
into consideration, this Court is of the view that no purpose
would be served. if the applicants are allowed to face the
police custody. Hence, the following order :
ORDER
(i) The application is allowed.
(ii) In the event of arrest, applicant No.1. Raju Ali Akthar Ali Saiyyad, 2. Nawaz Ali Akthar Ali Saiyyad, 3. Aslam Ali Akhatar Ali Saiyyad,
4. Mohmmad Ali Akthar Ali Saiyyad and 5. Zuber Mohmmad Khatik, be released on bail on furnishing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand only) each with one solvent surety in the like amount each, in Crime No.214 of 2022, registered with Police Station Parola, District Jalgaon, for the offences punishable under ::: Uploaded on - 11/08/2022 ::: Downloaded on - 12/08/2022 09:51:52 ::: 4 31-ABA.993-22.odt Sections 327, 452, 341, 143, 147, 149, 323, 504, 506 of the IPC, on the condition that they shall attend the Police Station as and when called by the Investigating Officer.
(S. G. MEHARE, J.) ...
vmk/-
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