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1988 Supreme(Bom) 342

A.D.TATED
Chand Mohamad Noor mohamad – Appellant
Versus
Mohammed Faruk Mohamad Umarbhai & others – Respondent


JUDGMENT - A.D. TATED, J.:---This criminal application under section 482 Cri.P.C. has been filed by one Chand Mohamad Noor Mohamad for quashing the order dated 19th September, 1988 passed by the Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay [Shri S.A. Merchant], whereby he granted the application of the respondents Nos. 1 to 4- accused Nos. 1 to 4 for bail and directed that the said respondents be released on bail in the sum of Rs. 5,000/- each, with one surety in the like amount or a cash security deposit of 5,000/- plus P.R. in the sum of Rs. 5,000/- in lieu of the surety. Mr. P.M. Vyas, the learned Additional Public Prosecutor, supports the petition.

2. The facts giving rise to the application by the respondents Nos.1 to 4- accused Nos. 1 to 4 for releasing on bail have been stated by the learned Additional Chief Magistrate thus:-

"4. On 16-6-88 at about 6.45 P.M. the complainant's [that is, the petitioner's) father Noor Mohd. was assaulted by accused Nos. 2 and 4. According to him, accused No. 2 was having a knife with him, while accused No. 4 had a Khanjjr with him, as stated by him in his F.I.R. Noor Mohd, was assaulted by accused No. 2 and 4 wi






















































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