Fahad Bin Irfan Bin Ganam Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Fahad Bin Irfan Bin Ganam Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted and interim protection confirmed: upon arrest in FIR No.267/2023 (Beed City Police Station), release on PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of attending the police station as called, refraining from tampering with evidence or influencing informant/witnesses, and cooperating with investigation and trial; breach liable to cancellation.

Issue for consideration

Whether the applicant, apprehending arrest in FIR No.267/2023 (Beed City Police Station) for offences under sections 363, 504, 506 r.w.34 IPC and Section 3/25 Indian Arms Act, is entitled to anticipatory bail. +1 more

Court's answer

The anticipatory bail application is allowed: in the event of arrest in FIR No.267/2023, the applicant shall be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount, to the satisfaction of the trial Court.

Ratio / Principle

Considering that the injuries sustained by the informant were simple in nature, that the applicant had been granted interim protection by order dated 02/02/2024 and had abided by its conditions, further custodial interrogation of the applicant was not required; the offence is punishable by a maximum term of seven years, and the interim protection granted to the applicant is confirmed.

Key takeaways

Release is subject to conditions: the applicant shall attend the police station as and when called, shall not tamper with the prosecution evidence or influence the informant, witnesses and other concerned persons, shall cooperate with the investigation and trial proceedings; violation of any condition renders the order liable to cancellation.ratio¶30
Clarification that the observations made in this order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed in the matter without being influenced by them.obiter¶35

Detailed headnote1 paragraphs

Anticipatory bail allowed — High Court of Bombay, Aurangabad Bench (Arun R. Pedneker, J., 24.02.2025). Applicant apprehending arrest in FIR No.267/2023, Beed City Police Station, for offences under sections 363, 504, 506 r.w.34 IPC and Section 3/25, Indian Arms Act, arising out of an alleged 25.11.2022 abduction and pistol-assault of the informant linked to a Rs.2,20,000/- demand over a car purchase-sale transaction. Holding that, since the informant's injuries were simple, the applicant had complied with the interim-protection order dated 02.02.2024, and the offence carried a maximum of seven years, further custodial interrogation was unnecessary; interim protection confirmed and bail granted on arrest on a PR bond of Rs.20,000/- with one or two sureties, subject to conditions (reporting to the police station as called, no tampering with evidence or influence on witnesses, cooperation with investigation and trial), breach rendering the order cancellable. Observations expressly confined to disposal of the application; trial Court to proceed independently. Incidental Criminal Application No.755 of 2024 (assist to learned APP) allowed.

2025:BHC-AUG:5178

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

48 ANTICIPATORY BAIL APPLICATION NO. 158 OF 2024

Fahad Bin Irfan Bin Ganam

VERSUS

The State Of Maharashtra And Another

Advocate for Applicant : Mr. Abhaysinh K. Bhosle APP for Respondents-State: Ms. S. N. Kamble Advocate for Assist to APP : Mr. Sadaphule R. S. and A. G. Jadhav

WITH

CRIMINAL APPLICATION NO. 755 OF 2024 IN ABA/158/2024

Idris Shaikh Abdul Raheman Shaikh VERSUS

The State Of Maharashtra And Another

Advocate for Applicant : Mr. Sadaphule Rajendra Sampatrao And Jadhav Arvind Gangadhar APP for Respondents-State: Ms. S. N. Kamble

CORAM : ARUN R. PEDNEKER, J.

Dated : February 24, 2025.

PER COURT :-

Criminal Application No.755 of 20224 is filed for Assist to learned APP. Said application is allowed and disposed of.

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to learned APP.

The applicant is apprehending arrest in connection with FIR No.267/2023, registered at Beed City Police Station, District Beed, for the offences punishable under sections 363, 504, 506 r.w.34 of the Indian Penal Code and under Section 3/25 of Indian Arms Act.

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48 ABA 158-2024

This Court, by order dated 02/02/2024, granted interim protection to the applicant. The learned Counsel for the applicant submits that, in pursuance of the interim order granted by this Court, the applicant has cooperated with the investigation. It is the case against the applicant that on 25/11/2022, at about 08:30 p.m., the applicant and the coaccused kidnapped the informant and took him outside Beed city. The applicant and the co-accused abused and assaulted the informant with fists, leg blows, and the handle of a pistol, and also threatened to kill him by pointing a pistol at him. The said acts were allegedly committed due to a demand of Rs.2,20,000/- from the informant concerning a car purchase-sale transaction.

The learned APP has produced the injury certificate and the CCTV transcription. The injury certificate indicates that the informant sustained simple injuries. From the CCTV transcript, it is observed that the applicant and others in the car took the informant toward Jalna Road.

Considering the fact that the injuries sustained by the informant are simple in nature, the applicant has been granted interim protection and has abided by the conditions imposed in the order dated

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48 ABA 158-2024

02/02/2024, further custodial interrogation of the applicant is not required. The offence is punishable by a maximum term of seven years. The interim protection granted to the applicant is confirmed.

In view of the above, the application is allowed in the following terms : -

i] In the event the applicant is arrested in connection with FIR No.267/2023, registered at Beed City Police Station, District Beed, for the offences punishable under sections 363, 504, 506 r.w.34 of the Indian Penal Code and under Section 3/25 of Indian Arms Act, he shall be released on bail on furnishing PR bond of Rs.20,000/with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

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48 ABA 158-2024

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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