1 ABA-833-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 833 OF 2011 Parvez Amir Shakh ... Applicant vs. The State of Maharashtra .. Respondent Mr. R.V.Gupta,Advocate, for the applicant. Ms. P.P. Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th October, 2011. P.C. 1. Heard. 2. The applicant seeks anticipatory bail in Crime No.402 of 2011 registered at Satara Sahar Police Station for the offences punishable under Sections 143, 144, 147,148, 149, 307, 427, 504 and 506 read with Section 149 of IPC on the basis of the report lodged by one Rais Shafik shaikh. 2. The FIR reveals that on 15.8.2011, at about 6.30 p.m. The first informant Rais and his uncle Asif Gani Shaikh were proceeding by a truck. Injured Asif Gani Shaikh was driving the truck. At that time, one Salim Shafi Shaikh asked Asif Gani Shaikh to drive slowly otherwise he would cut his hands and legs. Asif Gani Shaikh explained to him that he was not hit by the truck and 2 ABA-833-11.sxw that he was driving the vehicle in a moderate speed. After that dispute was over, Asif Gani Shaikh went to his house and after breaking his fast in the evening when he was proceeding towards his house there near the gate of LBS College, the present applicant Parvez and 5 other persons armed with weapons, came and began to abuse and threaten him. The present applicant Parvez stabbed him with a sharp and cutting weapon like Gupti and caused bleeding injury on the abdomen. Several persons intervened and rescued Asif Gani Shaikh and he was taken to hospital. The FIR shows that the incident ocurred near the electric pole where there was sufficient light. 3. The learned Counsel for the applicant seeks anticipatory bail on the ground that due to misunderstanding, name of the present applicant has been given in the FIR and in support of this he has produced two documents purporting to be photocopies of the affidavit and the complaint made by Asif Gani Shaikh before the Sessions Court wherein he stated that due to darkness, he could not see who had assaulted him and due to misunderstanding he had given name of the applicant. 4. The affidavit dated 26.3.2011 and the application of the same date allegedly signed by injured Asif Gani Shaikh cannot be given much importance 3 ABA-833-11.sxw while deciding this application for anticipatory bail particularly when the FIR itself clearly mentioned that incident had occurred near the street electric pole where there was sufficient electric light. The specific role was attributed to the present applicant that he had stabbed on the abdomen with Gupti. The medical report also shows that Asif Gani Shaikh had suffered a stab wound on the right lumber region. It was found that there was through and through perforation at illical level midway. Taking into consideration the facts and circumstances, it is not in the interest of justice and proper investigation to grant anticipatory bail to the applicant. 5. Therefore, the application stands rejected. (J.H.BHATIA,J.)