Bhilu Kedu Shidne v. The State Of Maharashtra

Sajakali Jamadar 59-aba-76-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 76 of 2020 Bhilu Kedu Shidne ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Sumant Deshpande, i/b Mr. Pritesh K. Bohade, Advocate for the Applicant.

Smt. Veera Shinde, APP for the State-Respondent. Mr. K.P. Jagtap, Police Hawaldar, Chandwad Police Station, Nashik Rural, Present.

.....

CORAM : PRAKASH D. NAIK, J.

DATE : 27th January, 2020 PC :

1.

This is an application for anticipatory bail in C.R. No. I-120 of 2019 registered with Chandvad Police Station, Dist. Nashik for offences punishable under Section 326, 324, 504 & 506 r/w Section 34 of Indian Penal Code.

2.

The FIR was lodged by Smt. Anita Pawar on 9th August, 2019. It was alleged that on 7th August, 2019, the applicant had abused the complainants husband. Other accused Ramnath Balu Shinde, Chandrbhan Gaikwad, Popat Shinde came to the place of incident. They assaulted the injured by fist and kick blows. Applicant picked up the wooden stick assaulted complainants husband on his abdomen, chest and back. The complainant was threatened. The

Sajakali Jamadar 59-aba-76-2020.doc husband of the complainant was taken to the hospital. He was hospitalized for a period from 7th August, 2019 to 30th August, 2019. 3.

Learned counsel for the applicant submits that the incident had occurred at the spur of movement. The complaint is false. There is two days delay in lodging the FIR. The applicant had lodged non cognizable complaint immediately after the incident alleging assaulted by opponent. There are no criminal antecedents against the applicant.

4.

Learned APP submitted that the complainants husband was assaulted. Specific role has been attributed to the applicant. The injured was required to be hospitalized for a period about 20 days. 5.

I have perused FIR and investigation papers. Specific overt act has been attributed to the applicant that he assaulted injured by stick. The injured was hospitalized by the wife of the complainant. There are statements recorded attributing role to the applicant. The injured was admitted in the hospital. Considering these circumstances, no case for grant of anticipatory bail is made out.

O R D E R

Anticipatory Bail Application No.76 of 2020 stands rejected and disposed off accordingly. (PRAKASH D. NAIK, J.)