1 MHNS010048232022 Order below Exh. 1 in Criminal Bail Application No. 1123/2022.

1. This is an application for anticipatory bail under section 438 of Cr.P.C. in C.R.No. I­232/2022 registered against applicant Mohammad Navaz Ismail Khatik at Mumbai Naka Police Station for the offence punishable under sections 324, 504 r/w section 34 of the Indian Penal Code.

2.It is the case of the prosecution that when complainant was at JNCT College applicant asked him why he is talking bad about him to Farhan at that time they got angry and abused him. His one friend took out knife and stabbed him on his right thigh. Hence, the report.

3.It is submitted by the applicant that offence under section 324 is leveled against the applicant which is bailable, however, police are threatening him that they are implicating him in offence under section 326 of the IPC. Hence, this anticipatory bail application on the count that he has not committed any offence. No role has been attributed to the applicant. Nothing has to be recovered from him. He was taking treatment at Galaxy Hospital, hence, there was no question of absconding.

His examination had started. If he is arrested his future will be destroyed.

Hence, prayed that pre­arrest bail application be granted.

4.Say was called of the investigating officer. He has objected this application on the count that, accused was absconding from the date of commission of offence. Weapon has to be seized. He will not remain present for the trial. He is likely to commit similar type of offence and threaten the witnesses. Hence, prayed that application be rejected.

5.Heard Ld. Advocate for the applicant and Ld. APP for the State. It is argued by the Advocate for the applicant that though the offence is bailable applicant apprehends that he will be arrested. Hence, prayed that bail be granted. On the other hand Ld. APP objected this application on the ground that the present application was not tenable as offence leveled against the applicant are bailable. Hence, prayed that application be rejected.

6.Perused the case papers as well as the say of the Investigating Officer it is seen that the offence leveled against the applicant is under section 324, 504 r/w section 34 of the IPC. As of now the offence leveled against the applicant are bailable. Provisions of Section 438 of Cr.P.C. categorically states that where any person has reasons to believe that he may be arrested on accusation of having committed a non­bailable offence, he may apply to be released on bail in the event of such arrest.

Thus, the provisions of Section 438 of Cr.P.C. is not applicable for bailable offence. Hence, this application is not tenable and I proceed to pass following order :­

O R D E R

The application stands rejected.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 16/09/2022. Additional Sessions Judge, Nashik.