(1) 32.ba.332.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (BA) NO.332 OF 2022

Naim @ Sayed Mustaqim Sayed Rahim

Vs.

State of Maharashtra, Through Police Station Officer, P.S. Deulgaon (Raja) Tq.

Deulgaon (Raja) District Buldana

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Office Notes, Office Memoranda of Coram,

Court's or Judge's orders

appearances, Court's orders of directions

and Registrar's orders

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Mr. A. J. Thakkar, Advocate for applicant.

Mrs. Mayuri Deshmukh, APP for non-applicant/State.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 29/04/2022

Heard Mr. Thakkar, learned counsel for the

applicant and Mrs. Deshmukh, learned APP for non-

applicant/State.

2.

The applicant has been arraigned for the

offence punishable under Sections 307, 324, 323, 143,

147, 148, 149, 504 and 506 of the Indian Penal Code and

Section 135 of the Maharashtra Police Act, in Crime No.

3/2022.

3.

Mr. Thakkar, learned counsel for the

applicant submits, that all the accused in the present

crime except applicant have been released on bail. He

further submits, that accused no.1 Sk. Atik, from whom

the knife in question has been recovered and to

whom the assault by way of knife on the left side of back

below armpit the victim, has been attributed, has also

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been released by the learned Sessions Court, by its order

dated 31.03.2022. The role of the present applicant is

lesser than that of Sk. Atik, in asmuchas the assault by

way of a knife on the thigh, has been attributed to him.

The only reason, why the bail application of the present

applicant, was rejected was on account of threat being

given by him, that the next time the victim would be

eliminated. He therefore contends, that considering the

circumstances, the applicant is entitled for bail.

4.

The application is opposed by learned APP

for the non-applicant/State, who by inviting my attention

to the statements of witnesses namely Wajid Khan (pg.

54), Mukhtar Khan (pg. 55), Sk. Anwar Hayad Bagwan

(pg.56), Sk. Anwar Sk. Ali (pg. 57) and Mobin Pathan

(pg.58) submits, that the witnesses are consisting in

attributing an assault by the applicant to the

complainant/victim on his thigh. He further submits,

that in case the applicant be released, in view of the

threat given by him, there is heavy possibility of danger

to the life of the complainant, and therefore, the

application be rejected.

5.

The record indicates, that the main accused

Sk. Atik Sk Umar, to whom the assault on the

complainant by way of a knife on the left side back

below, the armpit of the complainant has been released

on bail. So also Sk. Sadik Sk. Umar, to whom an assault

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by an iron rod on the head of the complainant is

attributed has also been released on bail. The role

attributed to the applicant is of taking the knife from the

hands of Sk. Atik Sk. Umar and assaulting the

complainant/victim on the thigh, which indicates, that

the role of the applicant is of a lesser extent than of Sk.

Atif Sk. Umar, who has been released on bail. No doubt,

that the applicant has threatened the complainant/victim

of eliminating him, however, the same can be addressed

by putting stringent conditions. Hence, the following

order.

ORDER

(i)

The application is allowed.

(ii)

The applicant be released on bail in Crime No.3/

2022, registered with Police Station, Deulgaon (Raja), for

the offences punishable under Sections 307, 324, 323,

143, 147, 148, 149, 504 and 506 of the Indian Penal

Code and Section 135 of the Maharashtra Police Act,