SHAIKH NASER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned senior counsel Mr. Sapkal for the Applicant and the learned APP along with Mr. Kulkarni assisting the learned APP for the respondent-State at length.

(2.) The Applicant is an Advocate is arraigned as an accused in Crime No.28 of 2022 for the offences punishable under Ss. 302, 143, 147, 148 and 149 of the I.P.C. It has been alleged that on 15/1/2022, at about 9.00 p.m., the deceased left home to attend the birthday ceremony of his friend on a bullet. His phone was replying as switched off. Therefore, the first informant went to search for him. He found him in front of a pan shop smoking cigarettes. At that time, all accused rushed to the deceased. One co-accused Taleb Sultan Chaus stabbed the deceased with a knife, and the other co-accused have also stabbed him and beat him with kicks and blows. The applicant was one of the accused amongst them. He was seen on the scene of the occurrence and stabbed the deceased. The deceased succumbed to the injuries caused to him by the accused.

(3.) The learned senior counsel would submit that one Shaikh Yunus Shaikh Sikandar Patel and his brother Shaikh Zakir assaulted the accused with the intent to kill him. In the said attack, the applicant suffered serious injuries. He lodged a report, and F.I.R. bearing No.273 of 2020 was registered against them on 1/8/2020 for the offences punishable under Ss. 307, 120-B, 427, 323, 504, 143, 147, 148 and 149 of the I.P.C. The accused in the said crime were released on bail by the Sessions Court. The applicant has moved an application for cancellation of bail before the High Court. However, those accused had threatened the wife of the applicant and tried to pressure him to withdraw the application for cancellation of bail. They had also threatened the applicant that if he would not take the cancellation of his bail application back, then they have the next plan of acid attack. A report of that incident was also lodged. On the said report, N.C. was registered against them. He also argued that said person, namely Shaikh Younus, with some anti-social elements, had assaulted the applicant and tried to take his life thrice. Therefore, an offence under Sec. 307 of the I.P.C. was registered against them. On 30/11/2021, the applicant gave one representation to the Commissioner of Police, stating that the said persons were pressurizing him to withdraw the application for cancellation of bail.