MOHD. AFZAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants are seeking anticipatory bail in connection with C.R.No. 78 of 2020 registered with Shivaji Nagar Police Station, under Sections 141 , 144 , 147 , 148 , 149 , 336 , 323 , 341 , 354 , 452 , 427 , 397 , 506(2) of the IPC and under Sections 4 , 25 , 27 of the Indian Arms Act, and under sections 37 and 137 of the Maharashtra Police Act.

(2.) The FIR is lodged on 21st February, 2020 by one Rais Mustakh Ahmed Shaikh. He has stated that he was knowing one Hakim Shaikh and was also knowing one Shabad Qureshi. Hakim had given Rs.1,50,000/- to Shabad Qureshi through first informant. Shabad had, thereafter absconded and had not returned the said amount to the first informant as well as Hakim Shaikh. Thereafter Hakim Shaikh was constantly demanding money form the first informant. The first informant had told him to recover the money from Shabad directly. Hakim was threatening him and, therefore, the first informant was constantly under scare. Because of these threats, the first informant had returned almost Rs.96,000/- to Hakim.

(3.) On 20.2.2020, at around 3.30 p.m., Hakim and his relatives including Afzal i.e. the present Applicant No.1 came to his house and started demanding Rs.54,000/-, which was the balance amount. At that time, there was some verbal altercations between them. They abused the first informant and threatened him. Therefore, the first informant lodged N.C. at Shivaji Nagar Police Station . On the same day, at about 10.30 p.m., Hakim, Vaseem Surve and the present applicant No.1 entered in the first informant's house with a sword.