ANWAR ALI MOHAMMAD ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application filed under Sec. 439 of the Code of Criminal Procedure, 1973, (for short ' Cr.P.C .') in connection with CR No.143 of 2020 registered with Pawarwadi police station Taluka Malegaon, District Nashik for offences punishable under Ss. 307, 324, 323, 143, 146, 147, 148, 149, 504, 506, 188 of the Indian Penal Code (for short ' IPC ') and under Sec. 4, 25 of Arms Act.

(2.) According to the prosecution on 5/5/2020 at around 9:00 pm, the applicant along with other co-accused came to the informant's house carrying sword and stick. The applicant assaulted informant's brother by sword on his hand resulted into grievous injury. The other co-accused also assaulted the informant. The applicant was arrested on 24/3/2022. The applicant has approached before learned Sessions Judge, for relief under 439 of Cr.P.C, which has been rejected by order dtd. 4/8/2022.

(3.) On perusal of the charge-sheet and injury certificate, it appears the injuries are on hand. Though there is imputation of finger, at this stage, prima facie, it cannot be stated that certainty that there were intention to kill the victim. Moreover, all other co- accused have been released. One of the co-accused was carrying sword at spot of incident and similar role attributed to the applicant has been released on bail. In that view of the matter, hence, following order: