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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.541/2019

Mohd. Asif Ikramoddini Quereshi and anr. vs. State of Maharashtra through

PSO P.S. City Kotwali, Akola.

_______________________________________________________________________

Office Notes, Office Memoramda of Coram,

appearances, Court's orders of directions

Court's or Judge's orders.

and Registrar's Orders.

Mr. U. J. Deshpande, Advocate for applicants.

Mr. N. R. Rode, A.P.P. for non applicant-State.

CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 3, 2019

Heard Mr. Deshpande, learned counsel for

applicants and Mr. Rode, learned A.P.P. for non applicant-

State. Perused reply filed by non applicant and also

investigation papers.

This is an application for anticipatory bail.

Applicants are apprehending their arrest in connection with

Crime No.207/2019, registered with Police Station, City

Kotwali, Akola, for an offence punishable under Section 326

read with Section 34 of the Indian Penal Code.

Submission of learned counsel for applicants is

that applicants are falsely implicated in crime inasmuch as

there is matrimonial dispute going on between the families

of complainant and accused persons.

Such a defence can be taken care of at the time of

trial. Presently, it will have to be seen as to whether there is

a prima facie case against the applicants or not since they

are claiming anticipatory bail.

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First Information Report in question is lodged by

Farhat Jahan Haji Shafi. In the FIR, it is stated that she and

her sister are residents of Agra and as their father had

undergone knee surgery, they had been to Akola to visit him.

It is further stated in the FIR that when they were passing

through spot, applicants came and assaulted on complainant

and her sister. The role is specifically attributed. According

to the FIR, applicant no.1-Mohd. Asif Ikramoddin Quereshi,

assaulted by means of pipe. Injury certificate of Farhat

Jahan shows that she has suffered grievous injuries.

According to the prosecution, the rod which was used by the

applicant as a weapon is yet to be recovered.

In that view of matter, application of applicant

no.1-Mohd. Asif Ikramoddin Qureshi is rejected.

Insofar as applicant no.2 is concerned, the only

allegation made against him is that he has assaulted the

complainant and her sister by means of stick. However, the

injury certificate shows only contusions.

In that view of the matter, I pass following order.

ORDER

(i)

The application is partly allowed.

(ii)

Application of applicant no.1-Mohd. Asif

Ikramoddin Quereshi is rejected.

Interim order dated 05.08.2019 passed by this

Court, in so far as applicant no.1 is concerned, is vacated.

(iii)

Application of applicant no.2-Ashrafoddin

Ikramoddin Quereshi is allowed.

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(iv)

In the event of arrest in connection with Crime

No.207/2019, registered with Police Station, City Kotwali,

Akola, for an offence punishable under Section 326 read

with Section 34 of the Indian Penal Code, applicant no.2-

Ashrafoddin Ikramoddin Quereshi be released on bail on he

executing P.R. Bond in the sum of Rs.15,000/- with one

solvent surety in the like amount.

(v)

Applicant no.2 shall attend Police Station, City

Kotwali, Akola from 09.09.2019 to 14.09.2019, between

11.00 a.m. to 05.00 p.m.

The application is disposed of.

JUDGE

kahale