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Bombay High CourtABA/102/2022disposed off

Samadhan Vishwas Gunjal And ORS. v. State Of Maharashtra And ANR.

2022-03-07Hon'Ble Shri Justice C.V. Bhadang2 pages

38-aba-102-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 102 OF 2022 Samadhan Vishwas Gunjal & Ors.

..Applicants Vs.

The State of Maharashtra & Anr.

..Respondents ---- Mr. Ranjit G. Jadhav, for the Applicants.

Mr. Y. Y. Dabke, APP for the Respondent / State. ---- CORAM : C.V. BHADANG, J.

DATE : 7 MARCH 2022 Digitally signed by MAMTA AMAR KALE Date:

2022.03.08 14:01:14 +0530 MAMTA AMAR KALE P.C.

.

The Applicants, apprehending arrest, in connection with investigation of Crime No.582/2021 of Police Station Chandwad, District Nashik (Rural), under Section 143, 147, 148, 149, 326, 324, 323, 504 and 506 of IPC, are seeking anticipatory bail. 2.

I have heard the learned counsel for the parties. Perused record.

3.

It appears that there are cross complaints lodged in respect of the said incident dated 13 October 2021. The present crime is registered on the basis of the complaint lodged by Rekha Santosh Mamta Kale page 1 of 2

38-aba-102-2022.odt Jagtap. There is a cross complaint filed by the Applicant No.3 Sugandha Vishwas Gunjal, on the basis of which Crime No.555/2021 is registered against the accused in the said case. In this case, interim protection was granted to the Applicants on 24 January 2022, on condition of attendance with the Investigating Officer. It is submitted that the Applicants have reported to the Investigating Officer and cooperated with the investigation. 4.

Learned APP has produced the Medicolegal Certificate dated 13 October 2021 of the informant Rajendra Dashrath Gunjal which shows that he had suffered four injuries namely (i) Contused Lacerated Wound (CLW) on the left ear pinna (ii) Haematoma due to blunt trauma on left occipital region (iii) Contusion over left arm and (iv) Contusion over left forearm. The medical certificate does not show that injured has suffered any grievous injury to attract the offence under Section 326 of IPC.

5.

Considering the over all circumstances, the Criminal Application is disposed of, in terms of the order dated 24 January 2022, on condition that the Applicants shall cooperate with the Investigating Agency as and when required and shall not tamper with the prosecution evidence / witnesses.

C.V. BHADANG, J.

Mamta Kale page 2 of 2