1 ABA.252-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.252 OF 2011 [FOR ANTICIPATORY BAIL] Rafiq Baitullah Shaikh. .. Applicant. Versus The State of Maharashtra .. Respondent. .... Mr.B.N. Rai, Advocate a/w. Mr.Ajay B. Rai, Advocate i/b. Mr.Akhilesh Singh, Advocate for the Applicant. Mr.J.P. Kharge, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 31st MARCH, 2011. P. C. : 1. Heard rival submissions on this application for anticipatory bail preferred by the applicant apprehending his arrest in C.R. No.41 of 2011 registered with Nalasopara Thane Rural Police Station. FIR was lodged on 22.1.2011 regarding the incident of the same date. Incident happened on that day at about 4:30 p.m. and immediately reported to the police station. Offences alleged against the applicant are punishable under Sections 143, 147, 148, 149, 324, 504, 506 & 427 of Indian Penal Code. 2. In fact, only on the innocuous circumstance quarrel took 2 ABA.252-11 place and when the present applicant and one of his friend while riding on the motorcycle, accosted by the first informant as to why the accused was driving the motorcycle in fast speed, present applicant became enraged and abused the first informant in filthy language and further threatened that he will now teach a lesson to the first informant. He then made a mobile telephone call to his associates and within short time 5-6 associates of the applicant came on the spot and started assaulting the first informant and his another friend by use of weapons like knives and also wooden sticks in the assault. The associates of the present applicant reached on the spot on motorcycle and autorickshaw. Almost, there were more than 7-8 persons and they created a situation of rioting armed with deadly weapons and also assaulted the first informant. First informant tried to disarm the assailants. However, present applicant had manhandled him and in that process gold-chain and other valuables were lost in the said commotion. 3. Considering the allegations against the present applicant and considering that only on innocuous circumstance as to questioning the applicant as to why he was rashly driving his 3 ABA.252-11 motorcycle, there was hue and cry made and in fact a riot like situation was created in which the complainant and his associates were assaulted. In the opinion of this Court, it is not a fit case in which the discretionary relief of pre-arrest bail can be granted. Hence, the order :- :: O R D E R :: [i] Criminal Application No.252/2011 for anticipatory bail stands rejected. (A. R. JOSHI, J.) PPD