Allowed

Shaikh Afsar S/O Shaikh Magan v. the State of Maharashtra

Bombay HC12 Oct 2015APPLN/4234/2015

Case brief

AI extract

What is this about?

In this criminal application for anticipatory bail, the High Court at Aurangabad examined a case involving alleged sections 353, 332, 323, and 504 IPC. The applicant claimed a dispute arose from an accident involving his goat's leg. The court found the facts sufficient to confirm protection and directed his release on bail if arrested.

What did the court decide?

The applicant shall be released on bail in the event of arrest upon executing a P.R. bond of Rs. 5,000/- with one surety in the like amount.

Shaikh Afsar S/O Shaikh Magan Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 4234 OF 2015

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Shaikh Afsar s/o Shaikh Magan, Age: 45 years, Occ: Agri., & Shephard, R/o. Gadiwat, Tq. & Dist. Aurangabad.

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...Applicant

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versus

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The State of Maharashtra, through Police Station, Chikalthan, Tq. & Dist. Aurangabad. ...Respondent

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Mr. Kayyum Najir Shaikh, Advocate for the applicant Mrs. M.A. Deshpande, Addl. Public Prosecutor for respondent

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CORAM : N.W. SAMBRE, J.

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DATE : 12th OCTOBER, 2015

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ORAL ORDER :

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This is an application for grant of anticipatory bail.

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Pursuant to the complaint given by one Rajendra Dakale

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to Chikalthana Police Station, Taluka and District Aurangabad, the Crime No. I-145/2015 was registered against the present applicant on 28/06/2015 for an offence punishable under Sections 353, 332, 323, 504 read with Section 34 of the Indian Penal Code.

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The First Information Report depicts that there is no particular role attributed to the present applicant.

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Out of four accused, three accused are already released

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on regular bail and wooden log and tractor used in commission of crime is already recovered from one of the accused.

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It is the case of the present applicant that the leg of his goat was fractured because of rash and negligent driving of the complainant, which has given rise to the scuffle with the complainant. According to him, the applicant was not in the knowledge of the fact that the complainant is public officer as he was not in uniform.

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The above facts, in my opinion, are sufficient to confirm the protection.

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In the above background, it will be appropriate, in my opinion, to order the release of the applicant on bail in the event of his arrest. Hence, I propose to pass the following order :-

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In the event of arrest, the applicant be released on bail, upon executing the P.R. bond of Rs.5,000/- (Rs. Five thousand) with one surety in the like amount, in connection with Crime No. I-145/2015 registered with Chikalthana Police Station, Taluka and District Aurangabad for an offence punishable under Sections 353,

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332, 323, 504 read with Section 34 of the Indian Penal Code.

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The application stands allowed.

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[ N.W. SAMBRE, J. ]

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Tupe/12.10.15

Shaikh Afsar S/O Shaikh Magan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shaikh Afsar S/O Shaikh Magan 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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