MASOOD KHAN KAMAL KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.I-03 of 2021 registered with Police Station Malegaon City, Nashik, for offences punishable under Sec. 307, 326, 323, 143, 147, 148, 149 and 120B of the Indian Penal Code (IPC), under Sec. 3/25, 5/27 and 4/25 of the Arms Act and under Sec. 37(1), 37(3) and 135 of the Maharashtra Police Act.

(2.) On 14th January 2021, while the informant was chitchatting along with his friends near Hotel Taj in his locality, accused namely Sayeed @ Ganjawala (A-1), Masood Ganjawala (A-2 - present applicant), Firoz Gangawala (A-3), Zahid Ganjawala (A-4), Moin @ Kalya (A-5), Imran Shaha Gaffar Shah (A-6), Ishtiyak Ahmed Mohd. Mustafa (A-7), Sayyed Danish Sayyed Ismail (A-8), Abdul Hasim Iqbal Mohd. (A-9) and Salman Mohd Salim (A-10) came on the motorcycle. They all were armed with weapons. The applicant was armed with a pistol. The prosecution alleges that accused had come with a view to kill the informant. The prosecution further alleges that the applicant then took out pistol and brandished at him. However, the applicant pushed his hand and ran towards the other side crossing the Old Agra Road. However, all the accused chased him and fired at him in which the applicant sustained fire shot on his right calf. Accused Moin @ Kalya also fired. The informant was also assaulted by Imran Shaha Gaffar Shah by means of a sword on his back. Somehow, the informant reached the police station from where he was taken to Civil Hospital, Malegaon, for treatment. Accordingly, informant lodged the report.

(3.) Mr.Kapadia, learned counsel for the applicant, submits that nine accused have already been admitted on bail. The learned counsel then invited my attention to the Medico Legal Certificate pertaining to the informant and pointed out that since the informant was discharged from the hospital immediately, the injuries allegedly sustained cannot be termed as grievous injury. The charge-sheet has already been filed. The trial may take its own time and in such circumstances, the applicant deserves to be enlarged on bail.