Pradip Dyandeo Karpe v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.287 OF 2017 Pradip Dyandeo Karpe ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.A.N.Sabnis, for the Applicant.

Mr.Deepak Thakare, A.P.P. for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 13th APRIL, 2017 P.C. :

1.

Heard learned counsel for the Applicant and the learned APP for the Respondent - State.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.502 of 2016 registered with the Hadapsar Police Station, Pune for the alleged offences punishable under Sections

2/4 302, 324, 323, 504, 427, 143, 144, 147, 148, 149 of the Indian Penal Code. 3.

Learned Counsel for the applicant states that admittedly the applicant is not alleged to have assaulted the deceased - Sagar Chaugule. He submitted that the applicant is alleged to have assaulted Sunny Chaugule on his head with a wooden log. He submitted that similarly placed co-accused - Kishor Bapu Londhe, has been enlarged on bail by this Court (Coram:Mrs.Mridula Bhatkar, J.) vide order dated 16th January, 2017, passed in Criminal Bail Application No.123 of 2017. He submitted that Kishor Londhe's name was also mentioned in the FIR and he is alleged to have assaulted Sunny with fist and kick blows. 4.

Learned APP does not dispute the role alleged to have been played by the applicant.

5.

Perused the papers. It appears that there was some quarrel which took place on the date of the incident i.e. on 27th July, 2016. It is not in dispute that the applicant has not assaulted the deceased - Sagar. The applicant is alleged to have assaulted Sunny with a wooden log on his head.

3/4 The injury sustained by Sunny is a simple injury i.e. CLW over frontal region.

6.

Considering the role played by the applicant; the fact that investigation is complete and charge-sheet is filed and there are no antecedents, qua the applicant, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount; ii) The Applicant shall not contact or attempt to influence the complainant or any persons concerned with the case; iii) The Applicant shall co-operate in the conduct of the trial. 7.

The Application is allowed and disposed of in above terms.

4/4 8.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)