SHAIKH JALIL SHAIKH ISAQ Vs. STATE OF MAHARASHTRA.

JUDGEMENT

(1.) The applicants are some of the accused from Crime No. 29/2019, registered with Nandurbar City Police Station, District Nandurbar, for the offences punishable under Section 307 , 395 , 354 , 452 , 324 , 509 , 143 , 147 , 148 , 149 , 323 , 504 , 506 , 509 of the Indian Penal Code and under Section 4 / 25 of the Arms Act and under Section 37(1)(3) read with Section 135 of the Maharashtra Police Act seeking bail under Section 439 of the Code of Criminal Procedure.

(2.) According to the F.I.R. and the police papers, on 23.01.2020 at about 9.30 p.m. when the informant was having a dinner in a public function, a boy named Guddu informed him telephonically about a crowd having gathered near his house. When he reached there one Danish Shaikh, Ishtiyak Pahelvan, Monish Shaikh Harun were seen cutting the cable of CCTV fixed at his house. All the other accused were present there and were armed with swords and wooden logs. He was frightened and rushed inside the house and when he was about to bolt the door from inside the accused Ishtiyak Shaikh, Shaikh Harun and the applicant No. 3 rushed inside the house. The first two were carrying swords and the applicant No. 3 was carrying a wooden log. Ishtiyak then declared that he would want to kill the father of the informant and gave a blow of sword on the head of informant. Harun Shaikh also threw the sword towards him. His fingers got injured. When hue and cry was raised all the accused ransacked the household articles. Ishtiyak abused his father and assaulted him with a sword. Shaikh Imtiyaj then molested the daughter-in-law of the informant and abused her in filthy language. When he tried to rescue, all the accused ransacked the house. Ishtiyak removed a gold ring from the finger of the informant. The matter was reported to police and the crime was registered. The applicants were arrested on 28 and 30 of January,2020.

(3.) The learned advocate for the applicants submits that though the applicants have been named in the F.I.R. except the applicant No. 2 no specific and precise role is attributed to any of them. The persons who were alleged to have carried the swords and having assaulted and molested the informant and his daughter-in-law and his father are not before this Court. The applicants have been arrested providing opportunity to the Investigating Officer to have their custodial interrogation. In fact the informant and his family members were the aggressors who had carried out the assault first in point of time and the matter was also reported to the police by the applicants before the informant could lodge the F.I.R. It is only by way of a counter blast that a concocted story has been developed. The applicants are ready to cooperate the Investigating Officer and may be granted bail.