IRFAN KHAN AMIR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These applications, onefor grant of anticipatory bail and the other for grant of regular bail arise from the same incident. As per FIR dated 17.3.2019 registered at thebehest of the complainant, the applicant in criminal application (BA) No. 412 of 2019 i.e. Amir Khan Saeed Khan along with his three sons assaulted the complainant and his brother with lathis and pipe, thereby causing serious injuries. It is stated in the report, leading to the registration of the FIR itself that there was a property dispute between the parties leading to the aforesaid incident. It is significant that while Amir Khan Saeed Khan and his three sons namely, Imran Khan Imam Khan and Rehan Khan are specifically named in the FIR, the applicant in criminal application (ABA )No.314 of 2019 i.e. Irfan Khan, also a son of Amir Khan, is not named in the FIR.

(2.) It is an admitted position that the applicant Amir Khan was arrested on the date of the incident itself i.e. on 17.3.2019 along with the other co- accused named in the FIR and that all of them have remained behind bars till date.

(3.) As per the report leading to the registration of FIR, genesis of the incident is a property dispute between the parties. Although, injuries appear to have been suffered by the complainant and his brother, the applicant Amir Khan has remained in custody for about three months. It is stated that he is about 65 years of age and that there is no reason why his continued custody would be required.