MD. RAFIUDDIN MD. GAYASUDDIN v. THE STATE OF MAHARASHTRA
ABA/584/2025 · 2025-09-11
Shri Neeraj P Dhote
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15170 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15170 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
939-ABA-583-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 939 ANTICIPATORY BAIL APPLICATION NO. 583 OF 2025
1. Alimoddin S/o. Saidoddin Shaikh, Age: 49 years, Occu. Flower Merchant,
2. Nijamoddin S/o. Saidoddin Shaikh, Age: 47 yrs, Occ. - Flower Merchant,
3. Ajimoddin S/o. Saidoddin Shaikh, Age: 44 yrs, Occ. - Flower Merchant
4. Sanni @ Md. Samioddin S/o. Saidoddin Shaikh, Age: 37 yrs, Occ. - Flower Merchant, All R/o. Barkatpura, Waghi Road, Nanded, Tq. & Dist. Nanded. …Applicants VERSUS The State of Maharashtra … Respondent AND ANTICIPATORY BAIL APPLICATION NO. 584 OF 2025 Md. Rafiuddin S/o. Md. Gayasuddin Age: 41 years, Occu: Business, R/o. Hamidiya Colony, Eidgah Road Itwara, Nanded, Tq. & Dist. Nanded … Applicant VERSUS
The State of Maharashtra … Respondent ….. Mr. V. D. Hon [Senior Advocate] a/w Mr. A. I. Deshmukh, Advocate for the Applicants in both Applications Mr. K. K. Naik, APP for the Respondent - State …..
CORAM :
NEERAJ P. DHOTE, J. DATE : 11.09.2025 1
939-ABA-583-2025.odt PER COURT :
1. Heard the learned Senior Advocate for the Applicants and the learned APP for Respondent – State. Perused the papers on record.
2. These are the Applications for Anticipatory Bail in connection with Crime No.80/2025, registered with Wajirabad Police Station, District Nanded, for the offence punishable under Sections 352, 351(2), 191(3), 191(2), 191(1), 190, 189(4), 189(2), 118(2), 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023 [hereinafter referred to as ‘BNS’] and Sections 4 and 25 of the Arms Act, 1959 [hereinafter referred to as ‘the said Act’].
3. It is the case of the Prosecution that, on the point of suspecting illicit relations between the wife of one of the witness with one of the Co-accused, the Applicants along with the Co-accused assaulted the first Informant and the witnesses in the evening of 24/02/2025 by deadly weapons. The Informant and the witnesses suffered serious injuries, for which, they were hospitalized. There is a cross FIR in respect of the same incident bearing No.0081/2025, registered with Wajirabad Police Station, Nanded, for the offence punishable under Sections 109, 118(1), 118(2), 308(2), 352, 351(2), 189(2), 189(4), 191(1), 191(2), 191(3) and 190 of BNS and Sections 4 and 5 of the said Act. The role attributed to the Applicants is that, after the Co-accused assaulted the Informant and the injured witnesses by deadly weapons, these Applicants came at the spot and assaulted the Informant by fist and legs. No role of assault by these Applicants with deadly weapons is attributed. The Co-accused, who used axe and iron rod, are released by the learned Sessions Court. The Applicants were protected by an interim order dated 24/04/2025 on certain conditions. It is nobody's case that, they have breached any of the 2
939-ABA-583-2025.odt conditions. Considering the role attributed to the Applicants, in my considered view, the interim protection needs to be confirmed. Hence, the following order:
ORDER [I] Interim Order dated 24/04/2025 is confirmed. [II] Anticipatory Bail Applications stand disposed of accordingly.
[NEERAJ P. DHOTE, J.]
Sameer/September-2025 3 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 11/09/2025 18:44:02