Allowed

Adil @ Sonu Kalya Aahemoddin Mirza and Another v. the State of Maharashtra and Another

Bombay HC5 Apr 2024ABA/328/2024

Case brief

AI extract

What is this about?

The High Court of Bombay, Bench at Aurangabad heard two anticipatory bail applications in a criminal case involving an assault and affray. One application was withdrawn. The other was allowed following confirmation of interim protection, despite the investigation being nearly complete.

What did the court decide?

Anticipatory Bail Application No.328/2024 is allowed by confirming interim protection; Applicants shall attend police station and co-operate in investigation without tampering with evidence.

Adil @ Sonu Kalya Aahemoddin Mirza and Another… — Murder and Culpable Homicide | Bombay HC (2024)

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2024:BHC-AUG:7318

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1 915-ABA-328-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO. 328 OF 2024

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ADIL @ SONU KALYA AAHEMODDIN MIRZA AND ANOTHER VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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WITH

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ANTICIPATORY BAIL APPLICATION NO. 333 OF 2024

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MOHAMMAD FAROOQUE BAIG YUSUF BAIG @ FAROOQUE JUMMA USTAD

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Mr. Rohit P. Patwardhan, Advocate for Applicant Mr. R.B. Dhaware, APP for Respondents/State

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CORAM : NITIN B. SURYAWANSHI, J.

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DATE : 05^th APRIL, 2024

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PER COURT :

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Applicants apprehend arrest in C.R. No.845/2023, registered with Nandurbar City Police Station, Dist. Nandurbar, for offence punishable under Sections 307, 452, 324, 323, 141, 143, 147, 148, 149, 336, 337, 504, 506 of the Indian Penal Code.

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FIR is lodged by Ajit Chand Mistri alleging that on 29/10/2023 at about 05:30 p.m., Farooque prevented him from parking motorcycle at the place where he always parks his motorcycle. When informant told him that he is parking motorcycle there since last seven years, Farooque Jumma Ustad got angry and

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SVH

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2 915-ABA-328-24.odt

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assaulted informant with fist blows on left ear and hand. Thereafter Mujammil alias Vicky abused informant and threw bricks on him. Mas Mirza assaulted informant with fist and kick blows on stomach. Jayed Mirza caught hold of informant and Farooque Jumma Ustad assaulted Abdul Gaffar Mistri with brick on his nose. Vicky Mistri assaulted with some object on the head and forehead. Jayed alias Raja Mirza assaulted Javed Abdul Sattar Mistri with iron rod on head and forehead. Abid Mirza caught hold of him. Adil alias Kalya assaulted Javed. Thereafter Nafisa, Pravin, Aju abused and threatened them to kill. Sadik Mirza assaulted Javed with stick. At that time, Chand Ismail Mistri, Sattar Haji Nek Mohammad Mistri and Ismail Nek Mohammad Mistri intervened and separated them from accused persons.

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Heard learned advocate for applicants and learned APP for respondents/State. Perused the investigation papers.

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After arguing at length on merits, when this Court was not inclined to grant relief to applicant Mohammad Farooque Baig Yusuf Baig alias Farooque Jumma Ustad, learned advocate for applicants, on instructions, seeks permission to withdraw his application. Permission granted. Anticipatory Bail Application No.333/2024 filed by Mohammad Farooque Baig Yusuf Baig alias Farooque Jumma Ustad is dismissed as withdrawn.

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Applicants claim that cross FIR of the said incident is

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SVH

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3 915-ABA-328-24.odt

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lodged by Mujammil Shaikh Mehmud against 13 accused persons, including informant in the present crime. In the said incident Mujammil, Abid and Jabinbano were injured.

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Injury certificate of Javed reveals that he has suffered two contused lacerated wounds on forehead and right parietal occipital region. Prima facie, those injuries are attributed to Jayed alias Raja Mirza. Vague statement is made that Adil and Sadik assaulted Javed with stick, as no such injuries are reflected in the injury certificate.

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Considering the facts of the present case, over implication of applicants cannot be ruled out. FIR is registered on 30/10/2023. Investigation appears to be almost complete and charge-sheet is likely to be filed. Nothing is to be recovered from applicants.

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In the result, Anticipatory Bail Application No.328/2024 is allowed by confirming interim protection granted to applicants Adil alias Sonu Kalya Aahemoddin Mirza and Sadik Anis Beg Mirza by order dated 29/02/2024.

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Applicants shall attend concerned police station as and when called by investigating officer and shall co-operate in the investigation. Applicants shall not tamper prosecution evidence.

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(NITIN B. SURYAWANSHI, J.)

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SVH

Adil @ Sonu Kalya Aahemoddin Mirza and Another v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Adil @ Sonu Kalya Aahemoddin Mirza and Another v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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