Anil Choutikamat And ANR. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 173 OF 2021 Anil Choutikamat & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Hitesh Jain i/b. Kumar & Assoc., Advocate for the Applicants. Ms. M. R. Tidke, APP for the Respondent - State. PSI-Shrikant.

.....

CORAM : PRAKASH D. NAIK, J.

DATE : 9th APRIL, 2021.

PC :

1.

Both the applicants were arrested on 5th March, 2020 in connection with C.R. No. 71 of 2020, registered with Juhu Police Station, Mumbai for the offences punishable under Sections 307, 506 r/w. 34 of IPC.

2.

The FIR was registered on 18th February, 2020 against three persons. It is alleged that the applicant No. 1 had assaulted injured person by Bamboo, which has resulted in grievous injury on the left fronto parietal region. The injury certificate dated 14th May, 2020, is on record. The third accused is absconding. 3.

It is contended by the learned counsel for the applicants that there are no criminal antecedents against applicants. They are in

custody for a period of about one year. The role of assault by bamboo stick, was attributed to the applicant No. 1. The applicant No. 2 was not armed with any weapon.

4.

Learned APP submits that T.I. parade is not yet conducted. It is pertinent to note that the applicants are in custody for a period of about one year and further time cannot be granted for conducting T.I. parade. Considering the aforesaid facts, bail can be granted.

5.

Hence, I pass the following order.

O R D E R

i) Bail Application No. 173 of 2021, is allowed; ii) The applicants are directed to be released on bail in connection with C.R. No. 71 of 2020, registered with Juhu Police Station, Mumbai on furnishing P.R. bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or more local sureties in the like amount; iii) The applicants shall furnish the details of place of residence to the investigating officer after they are released on bail;

iv) The applicants shall also furnish the details of

permanent place of residence to the Trial Court while executing the bail bond;

v) The applicants are permitted to furnish provisional Cash Bail Security in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety;

vi) Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J)