Allowed

Mohd Azim Raine v. the State of Maharashtra

Bombay HC1 Aug 2014ABA/914/2014

Case brief

AI extract

What is this about?

In C.R. No.271 of 2014, the High Court of Bombay granted anticipatory bail to the applicant accused of injuring an informant and his relatives. Considering mutual hostility and lack of criminal antecedents, the Court imposed conditions including weekly police reporting and non-tampering with evidence.

What did the court decide?

Anticipatory bail granted on terms of furnishing P.R. Bond, prohibiting tampering with evidence, prohibiting contact with informant, requiring weekly police reporting on Mondays and Fridays.

Mohd Azim Raine Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2014)

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Sherla V.

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aba.914.2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.914 OF 2014

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Mohd. Azim Raine ... Applicant Vs. The State of Maharashtra ... Respondent

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Mr.R.V. Gupta for the Applicant Ms.A.A. Mane, APP, for Respondent – State

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CORAM: MRS.MRIDULA BHATKAR, J.

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DATE: AUGUST 1, 2014

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P.C.:

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The application is moved for anticipatory bail as the applicant/accused is prosecuted for the offences punishable under sections 307, 385, 325, 504 r/w section 34 of the Indian Penal Code in C.R. No.271 of 2014 by the Sakinaka Police station, Mumbai. One Irshad Ahmed Haji Mohd. Israil, who is the resident of Sakinaka, is the informant, who was beaten up on 30.4.2014 at around 4.30pm by the applicant/accused and his minor son with iron rod on the head and he also bit the middle finger of the left hand of the informant.

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The learned Counsel for the applicant/accused has submitted that te informant is not on good terms with the applicant/accused and he has created terror in the locality. He further submitted that on 30.4.2014, the

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aba.914.2014.doc

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applicant/accused was also admitted in the hospital for three days. He was admitted as he was assaulted by the informant. However, he did not lodge the complaint. He relied on the medical certificate dated 30.4.2014. He further submitted that the applicant/accused does not have criminal antecedents and he is ready to cooperate with the Investigating Officer, if he is granted pre-arrest bail and also ready to abide by any condition, as may be imposed by the Court while granting bail.

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Learned Prosecutor has opposed the application. She submitted that the applicant/accused has created terror in the locality and he extorts money in the form of hafta from people. The informant was admitted in the hospital for five days.

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Perused the complaint. Perused the injury certificates of both the parties. It appears that both the parties are hostile with each other. However, there are no criminal antecedents against the applicant/accused. In view of the nature of the injuries, I am inclined to grant anticipatory bail to the applicant on the following terms:

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i) In the event of arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

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aba.914.2014.doc

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ii) The applicant shall not tamper with the evidence; iii) The applicant shall not indulge into such activities especially with the informant while on bail;

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iii) The applicant shall cooperate with the investigating officer and shall report to the concerned police station on every Monday and every Friday between 6pm to 7pm, till the filing of chargesheet.

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Anticipatory Bail Application is disposed of accordingly.

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(MRS.MRIDULA BHATKAR, J.)

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Mohd Azim Raine v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohd Azim Raine v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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