MOHAMED ASLAN SAHAJAMA ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A month before the present incident dated 14-4-1996, the petitioner herein is alleged to have assaulted the complainant-Shabid Kumar Zakir Hussein, with razor, for which prosecution for office under section 324 of the I.P.C. was pending. On 14-4-1996 at about 1.30 p.m., the complainant-Shabid Kumar and his friend Prahlad Pratapsing were proceeding to Shobha Hotel for lunch and at that time, the petitioner, Aslam and Ayub and one more person, whose name is not disclosed got down from the rickshaw. When the complainant saw Aslim he gave 2/3 fist blows to Aslam. Thereafter, other companion of the petitioner by name Ayub caught hold of the complainant Sahid Kumar and then Aslam is alleged to have told him companion, whose name is not disclosed, to assault the complainant. Thereupon, that person took out razor and gave 2/3 blows on the stomach and chest of the complainant Shahid Kumar and thereafter all of them ran away. The complainant lodged complaint of this incident in Shanti Nagar Police Station, Bhiwandi. Accordingly, petitioners came to be arrested on 23-7-1996, for offence punishable under section 307 r/w 34 of the I.P.C. The petitioner had applied for grant of bail to the Session Court, Thane, but that application came to be rejected. Hence this application for bail.

(2.) It would be seen for the F.I.R. itself that as soon as the petitioner and his companions got down from the rickshaw, the complainant is alleged to have given 2/3 fist blows to the petitioner and thereafter further incident took place, wherein unknown person gave razor blows on the stomach and chest of the complainant, at the instance of the petitioner. It is submitted that the person who is alleged to have given razor blows is not arrested nor his identity is disclosed. Having regard to these facts, I find this to be fit case to grant bail.

(3.) Accordingly, petitioner is directed to be released on bail on furnishing solvent surety to the extent of Rs.5,000/- and PR Bond for like amount on condition that he shall report to Shanti Nagar Police Station, Bhiwandi, once is a week on Sunday at any time between 10 a.m. to 6 p.m.