SHAIKH RIYAZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants in both these anticipatory bail applications are seeking pre-arrest bail in connection with Crime No.352 of 2019 registered with Kandhar Police Station, District Nanded for the ofences punishable under Sections 395 , 452 , 143 , 147 , 148 , 149 , 323 , 504 , 506 of IPC and under Section 4 / 25 of the Indian Arms Act. Their applications with similar prayer bearing Misc. Criminal (Bail) Application No. 08 of 2020 came to be rejected by the Additional Sessions Judge, Kandhar, District Nanded vide order dated 01.02.2020.

(2.) Learned counsel for the applicants in both these applications submit that there is a previous enmity between the applicants on one side and the informant and his witnesses on the other side. Learned counsel submits that in respect of the incident, occurred on the same date, time and place, the applicant - Shaikh Rafi in Anticipatory Bail Application No.279 of 2020 lodged a complaint against the informant and fve others in the concerned police station and on the basis of his complaint, Crime No. 351 of 2019 came to be registered against the present informant and fve others for the ofences punishable under Section 307 , 143 , 147 , 148 , 149 , 341 , 504 , 506 of IPC and Section 4 / 25 of the Indian Arms Act. Learned counsel submits that the informant - Shaikh Rafi (the applicant in ABA/279/2020) has sustained grievous injury in the said assault. Learned counsel submits that the complaint lodged by the applicant Shaikh Rafi is earlier in time and in order to counter the same, present complaint came to be lodged after the delay. Learned counsel submits that the applicants and informant are residing in the same lane of the same village and thus the allegations about the commission of decoity are false to the knowledge of the informant. Antecedents of the applicant are clear. Applicant No.1 - Shaikh Akbar Patel in Anticipatory Bail Application No.264 of 2020 is a retired Peon from the school. The applicants are ready to abide any condition, if imposed by this Court. The applicants may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that there are specifc allegations about the snatching of cash amount after extending the beating and so also snatching of golden locket weighing fve tola. In view of the same, custodial interrogation of the applicants is necessary for recovery of the same. The applicants are not entitled to be released on anticipatory bail.