cra3005.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3005 OF 2011 1) Shaikh Ahmed s/o Sk. Salim, Age-22 years, Occu:Business, 2) Shaikh Akbar s/o Shaikh Babu, Age-30 years, Occu:Business, 3) Mohammed Mazhar s/o Mohammed Rahim, Age-19 years, Occu:Business, 4) Syed Qadir s/o Syed Khaja, Age-27 years, Occu:Business, 5) Shaikh Chand s/o Shaikh Badar, Age-19 years, Occu:Business, 6) Shaikh Gafur s/o Shaikh Gaffar, Age-32 years, Occu:Business, 7) Syed Irshad s/o Syed Masood, Age-26 years, Occu:Business, 8) Syed Iliyas s/o Syed Ejaj, Age-26 years, Occu:Business, 9) Syed Farooq s/o Syed Khaja, Age-20 years, Occu:Business, 10) Chand Khansaheb s/o Ahmed Khan Saheb, Age-30 years, Occu:Business, 11) Shaikh Naim s/o Shaikh Rasool, Age-25 years, Occu:Business, cra3005.11 2 All Resident of Nizamabad, Tq. & Dist-Nizamabad (Andhra Pradesh). ...APPLICANTS. VERSUS The State of Maharashtra, Through Police Station, Himayatnagar, Tq-Himayatnagar, Dist-Nanded. ...RESPONDENT. ... Smt.A.N. Ansari Advocate for Applicants. Shri.N.H. Borade, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 25TH JULY, 2011 PER COURT : 1. This Application is filed for bail in C.R. No.29 of 2011 registered in Himayatnagar Police station, Dist-Nanded for the offences punishable under Sections 307, 395, 452, 427, 323, 506, 147, 148, 149 of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. cra3005.11 3 2. The crime is registered on the basis of report given by one Shaikh Yunus. His family has some dispute with Sayyad Bilal. Allegations are made that in the first incident dated 29th May, 2011, at about 10.30 a.m. there was quarrel between Sayyad Bilal and wife of the complainant at public water tap and at that time threat was given by Sayyad Bilal to teach a lesson. Allegations are made that on 30th May, 2011 at about 16.00 hours when the complainant was present in the house all the Applicants and Sayyad Bilal came to his house by auto rickshaw and a motorcycle and they assaulted him and his family members. Allegations are made that cash amount of Rs.18,000/- was taken away and damage worth Rs.20,000/- was caused to his property. 3. The main allegations are against Sayyad Farooq and Sayyad Khadir that they used weapon like knife. Allegations against others are that cra3005.11 4 they assaulted with fist blows and kicks. 4. The injury certificate in respect of Maimunabee shows that she sustained injury over her scalf, which was bleeding injury and the injury was caused by sharp weapon and the patient was referred to Guru Govindsinghji Memorial Hospital, Nanded by Rural Hospital Himayatnagar. Injuries were sustained by one Abdul Karim, but they were by hard and blunt object and one injury was sustained by Faimunabee, which was also simple injury. Injury was sustained by one Maherunisabee but it was also simple and it was caused by hard and blunt object. 5. All the Applicants are residents of Nizamabad, Andhra Pradesh. It was submitted that the Applicants had come to attend marriage and reception function of a relative of Sayyad Bilal and as they had come to the house of Sayyad Bilal, they have been falsely implicated in the case. cra3005.11 5 6. In any case, the Applicants are from different place and there is no possibility of tampering with the prosecution witnesses. Considering the nature of allegations and dispute, this Court holds that bail can be granted to all the Applicants. So, the Criminal Application is allowed. The Applicants be released on bail in C.R. No.29 of 2011 registered in Himayatnagar Police station, Dist-Nanded for the offences punishable under Sections 307, 395, 452, 427, 323, 506, 147, 148, 149 of the Indian Penal Code, on their furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand), each. The Applicants are not to tamper with the prosecution witnesses and they are to regularly attend the Court where the case will be filed. [T.V. NALAWADE, J.] asb/JULY11