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Bombay High CourtBA/533/2021disposed off

Ashok Dattu Bhoir v. The State Of Maharashtra

2021-10-12Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.533 OF 2021 ALONGWITH INTERIM APPLICATION (ST.) NO. 11293 OF 2021 BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2021.10.12 20:38:36 +0530 Ashok Dattu Bhoir ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Pandit Kasar for Applicant.

Mrs. Rutuja Ambekar, APP for State.

Mr. Ammar I. Nizami i/by Mohd. Umar Kazi for Intervenor. Coram : NITIN W. SAMBRE, J.

Date : 12th OCTOBER, 2021 P.C.:

1.

The applicant is charge-sheeted in Crime No. 53 of 2020, registered with Kasara Police Station, for the offence punishable under Sections 307, 326, 323, 143, 147, 148, 149, 452, 427, 504, 506, 188 of Indian Penal Code.

2/3 2.

The role attributed to the applicant is assaulting Kusum Vekhande by piece of stone.

3.

The Medico Legal Certificate speaks that Kusum Vekhande has suffered simple injuries. No specific overt-act which attracts provisions of Section 307 of Indian Penal Code that could be noticed against the applicant, though it is claimed in the prosecution story that the applicant was holding wooden plank.

4.

The applicant is behind bar for last more than one year. There are no criminal antecedents.

5.

In that view of the matter, the application is allowed and disposed of alongwith Interim Application, on following conditions :

O R D E R

(i) The applicant be released on bail in Crime No. 53 of 2020, registered with Kasara Police Station, for the offence punishable under Sections 307, 326, 323, 143, 147, 148, 149, 452, 427, 504, 506, 188 of Indian Penal Code, on furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

3/3 (ii) The applicant shall neither influence the prosecution witnesses in any manner nor tamper with the evidence. (iii) The applicant shall remain outside the jurisdiction of the concerned Police Station till the charge is framed. (iv) The applicant shall furnish his residential address and contact details to the Investigation Officer at the time of his release. ( NITIN W. SAMBRE, J. )