Allowed

Ashafaque Ahmad Abdul Hafees Qureshi v. the State of Maharashtra through Pso Ps Nagpuri Gate Amravati Dist Amravati

Bombay HC9 Dec 2024ABA/780/2024

Case brief

AI extract

What is this about?

Applicant sought pre-arrest bail in a case of assault and snatching of Rs.1,00,000 from a shopkeeper. The court noted the injuries were simple, the informant was discharged from hospital, no investigation showed availability of the amount, and general allegations against the applicant; granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail on PR bond of Rs.25,000 with one solvent surety, subject to conditions including twice-weekly attendance at police station till charge-sheet.

Ashafaque Ahmad Abdul Hafees Qureshi Vs the State of… — Anticipatory Bail | Bombay HC (2024)

¶1

19aba780.2024.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶4

CRIMINAL APPLICATION (ABA) NO. 780 OF 2024

¶5

Ashafaque Ahmad Abdul Hafees Qureshi

¶6

Vs.

¶7

State of Maharashtra, Through Police Station Officer, Police Station, Nagpuri Gate, Amravati, District Amravati

¶8

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

¶9

Mr. P.R. Agrawal, counsel for applicant. Ms. T.H. Udeshi, APP for non-applicant/State.

¶10

Mr. Z.Z. Haq, counsel for Complainant.

¶11

CORAM : URMILA JOSHI-PHALKE, J. DATED : 09/12/2024.

¶12

Present application is preferred by the applicant for grant of pre-arrest bail in connection with Crime No.277/2024 registered with Police Station, Nagpuri Gate, Amravati, District Amravati for the offences punishable under Sections 309(6) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶13

The crime is registered on the basis of the report lodged by the informant Illiyas Ahmad Aziz Ahmad alleging that he is a businessman and running a business of a clothes shop. On 07/08/2024 there was a dispute between the present applicant, the other accused, and the informant, and during that dispute, he was assaulted by the co-accused as well as the present applicant, and the amount of Rs. 1,00,000/- was snatched from his pant pocket. On the basis of the said report, police registered the crime against the present applicant.

¶14

rkn

¶15

2 19aba780.2024.odt

¶16

Learned counsel for the applicant submitted that as far as the recitals of the FIR are concerned, which show that the informant has exaggerated his version. In the supplementary statement, informant has changed his version, and stated that the amount of Rs. 25,000/- was snatched. There is no material collected that such amount was available in his cash box or in his pocket on that day. He further submitted that the other co-accused are already released on bail, as far as the allegations regarding the assault are concerned, which are general in nature. The informant is already discharged from the hospital. Thus, the custodial interrogation of the present applicant is not required.

¶17

Learned APP and learned counsel for the complainant strongly opposed the said application on the ground that the amount is yet to be recovered, and the photographs of the injured show that the injured has sustained the bleeding injury due to the assault by the present applicant and other co-accused. Therefore his custodial interrogation is required, in view of that, the application deserves to be rejected.

¶18

After hearing both sides and on perusal of the recitals of the FIR, admittedly the involvement of the present applicant appears to be there, as general allegation is levelled against him. Moreover, there is no investigation as far as the availability of the said amount to the informant. Thus, considering the injury sustained by the

rkn

19aba780.2024.odt

informant, which are simple in nature. Moreover, he is already discharged from the hospital, and immediate custodial interrogation of the present applicant is not required. As far as the interrogation part is concerned, which can be taken care of by imposing the certain conditions. In view of that, I proceed to pass following order:

¶23

ORDER

¶24

a] The criminal application is allowed.

¶25

b] In the event of arrest in connection with Crime No.277/2024 registered with Police Station, Nagpuri Gate, Amravati, District Amravati for the offences punishable under Sections 309(6) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant Ashafaque Ahmad Abdul Hafees Qureshi shall be released on anticipatory bail on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

¶26

c] The applicant shall attend the concerned Police Station twice in a week on Monday and Saturday between 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigating agency till filing of the charge-sheet.

rkn

19aba780.2024.odt

d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

¶31

The criminal application is disposed of.

¶32

[ URMILA JOSHI-PHALKE, J.]

¶33

rkn

Ashafaque Ahmad Abdul Hafees Qureshi v. the State of Maharashtra through Pso Ps Nagpuri Gate Amravati Dist Amravati

Case brief

What is this about?

What did the court decide?

Ashafaque Ahmad Abdul Hafees Qureshi v. the State of Maharashtra through Pso Ps Nagpuri Gate Amravati Dist Amravati

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

Similar cases

Kameshwar S/O Ratiram Gedam Vs Raju S/O Shivram Bhoyar and Another

Nandu S/O Rajesh Bagade Vs the State of Maharashtra through Pso Ps Civil Lines Akola

Mohd Anis Mohd. Hanif Shiekh Vs the State of Maharashtra Thr. Pso Ps Sakkardara, Nagpur

Pravin S/O Parmit Pawar Vs State of Maharashtra the P.S.O. Ralegaon Sidt. Wardha

Sukhdev Mahadev Haramkar Vs the State of Maharashtra Thr. Pso Ps Akot Dist.Akola and 2 Others

Jyoti Bharat Phad Vs Hemant Sikhandar Jham