Allowed

Alislamoddin S/O Fijjauddin Abadiraje and Ors. v. the State of Maharashtra

Bombay HC12 Jun 2019ABA/235/2019

Case brief

AI extract

What is this about?

This bench granted anticipatory bail to applicants facing charges under IPC, Arms Act, and Maharashtra Police Act. The court relied on parity with a co-accused and noted the main accused was already on bail. Bail granted with bond of Rs.25,000 each.

What did the court decide?

Released on bail on exec P.R. Bond Rs.25,000 each with one or two sureties each in like amount.

Alislamoddin S/O Fijjauddin Abadiraje and Ors. Vs the State… — Anticipatory Bail | Bombay HC (2019)

¶1

1 9- ABA No.235-19.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

ANTICIPATORY BAIL APPLICATION NO.235 OF 2019

¶4

Alislamoddin s/o Fijjauddin Abadiraje & Ors. ] … Applicants

¶5

Versus

¶6

The State of Maharashtra ] … Respondent

¶7

Mr. Sachin Deokar I/b Mr. Mohammad Mulla, Advocate for the Applicants. Mrs. A.A. Takalkar, APP for the State/Respondent. API Paval attached to Sadar Bazar Police Station, Solapur City.

¶8

CORAM :- SARANG V. KOTWAL, J. DATE :- 12 JUNE, 2019.

¶9

P. C. :-

¶10

The applicants are seeking anticipatory bail in connection with C.R.No.943/2018 registered with Sadar Bazar Police Station, Solapur City u/sec. 307, 324, 143, 147, 148, 149, 323, 504, 506 of I.P.C.,

¶11

under Sections 4, 25 of the Indian Arms Act and under Section 37 (1), 135 of the Maharashtra Police Act.

¶12

The FIR is lodged by one Tajuddin Nijamuddin Aabadiraje in respect of the incident which had taken place on 09/12/2018 at about

¶13

5.00 p.m. at Sadar Bazar, Solapur. The first informant and his son

¶14

Purti Parab

¶15

1 of 3

¶16

2 9- ABA No.235-19.doc

¶17

Shahabuddin was assaulted by the present applicants and others. The FIR describes the role played by each of the assailants. It is mentioned in the FIR that all the assailants were close relatives being brothers and nephews of the first informant. In the FIR the first informant has mentioned the role played by each of the applicants. The main assailant who is on bail assaulted Shahabuddin @ Saddam on his head. The others assaulted the first informant and his son with kicks, fist blows, iron rods etc.

¶18

Ld. APP has shown the injury certificates in respect of the first informant and his son. The first informant's son Shahabuddin @ Saddam has suffered one CLW which required suturing. There is one other minor injury on the big toe. The first informant himself has suffered three minor injuries. Therefore, it is doubtful as to whether Section 307 of I.P.C. is made out. The assailants were more in numbers and it was easily possible for them to have caused more physical damage to the first informant and his son.

¶19

Ld. Counsel for the applicant has relied on the order passed by this court (Coram : Nitin W. Sambre J.) on 01/02/2019 in ABA

¶20

Purti Parab

¶21

2 of 3

¶22

3 9- ABA No.235-19.doc

¶23

No.244/2019 whereby anticipatory bail was granted to a co-accused Salauddin Nijamoddin Abadiraje. The main accused is already granted bail by the Sessions Court. Thus, there is not much of a difference between the role played by the present applicants and Salauddin Nijamoddin Abadiraje who is granted anticipatory bail by this court. Ld. APP pointed out that the charge-sheet is already filed in this case against other accused and therefore at least in this case

¶24

the custodial interrogation of the applicants is not required. Therefore, on the ground of parity, applicants also deserve to be granted similar relief. Hence, the following order.

¶25

ORDER

¶26

In the event of their arrest in connection with C.R.No.943/2018 registered with Sadar Bazar Police Station, Solapur City, the Applicants be released on bail on their executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties each in the like amount.

¶27

Application stands disposed of accordingly.

¶28

(SARANG V. KOTWAL, J.)

¶29

Purti Parab

¶30

3 of 3

Alislamoddin S/O Fijjauddin Abadiraje and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Alislamoddin S/O Fijjauddin Abadiraje and Ors. 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amit Mohan Jadhav Vs the State of Maharashtra and Ors.

Jalil Mazhar Harge Vs the State of Maharashtra

Rajkumar Ramsingar Kushwaha Vs the State of Maharashtra

Guruanna Ramanna Bamanage and Ors. Vs the State of Maharashtra

Vinayak S/O Nana Patil Vs the State of Maharashtra

Nitin Mahadev Ghadge Vs the State of Maharashtra