Sujit Laxman Mhatre v. The State Of Maharashtra

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.05.22 13:30:26 +0530 MANGALTAI JAYWANT JADHAV 914-ABA-157-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 157 OF 2023 Sujit Laxman Mhatre ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Saurabh Butala a/w Mr. Harshad Sathe for the Applicant. Ms. Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 10 FEBRUARY 2023 P.C. :- This is an application under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No. 21 of 2023 registered at Panvel City Police Station, Navi Mumbai for the offences punishable under Sections 326, 323, 504, 506 r/w 34 of the Indian Penal Code.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

4.

According to the prosecution, on the date on incident, which took place on 8 January 2023, the present applicant and other co-accused assaulted the complainant and his friend by cricket bat and caused them MJ Jadhav 1 / 2

914-ABA-157-23.odt grievous injury, as dispute arose between them on account of ownership of certain land.

5.

Prima facie, the incident does not appear to be premeditated. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. Hence, the following order is passed: (i) Application is allowed.

(ii) In the event of arrest of applicant- Sujit Laxman Mhatre in Crime No. 21 of 2023 registered at Panvel City Police Station, Navi Mumbai for the offences punishable under Sections 326, 323, 504, 506 r/w 34 of the Indian Penal Code, he shall be released on bail on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount subject to payment of Rs. 25,000/- to the complainant towards medical expenses. (iv) The applicant shall not enter into the limits of village Dapoli Pargaon, as he appears to be involved in four more crimes, till conclusion of trial.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2