Pravin @ Khandu Suresh Pawar And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.246 OF 2016 Pravin @ Khandu Suresh Pawar & Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Ms Savita A. Prabhune for the Applicants.

Ms G.P. Mulekar, APP for the Respondent-State. Mr. Rahul Kate for the Intervenor/original complainant. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 22nd FEBRUARY, 2016.

P. C. :

This is an application for bail filed by the aforesaid Applicants, who are arrested in C.R. No.387 of 2015 registered at Yavat Police Station, District- Pune, for offences punishable under sections 307, 143, 147, 148, 149, 324, 504 and 506 of the IPC. 2.

At the outset the learned counsel for the Applicants submits that she does not wish to press the application as far as the Applicant Nos.1 and 9 are concerned. She seeks leave to delete the name of the Applicant Nos.1 and 9 from the cause title of the application. Leave is granted. Amendment to be carried out forthwith. 1/4

3.

I have perused the records and considered the submissions advanced by the learned counsels for the Applicants and the Intervenor/complainant and the learned APP for the Respondent -State. The records prima facie indicate that on 20.12.2015 the Applicants herein had formed an unlawful assembly armed with deadly weapons such as swords, knives, etc. and had assaulted Swapnil Bhosale and others and there by attempted to cause their death. The FIR as well as statements of the witnesses prima facie reveals that the co-accused Pravin had inflicted injury on Surendra whereas the coaccused Suresh had inflicted injury on the complainant-Swapnil Bhosale. The co-accused and the Applicants herein are alleged to have inflicted injuries by means of sticks and further abused the complainant and his brother and other persons, who had accompanied the complainant.

4.

The medical certificate prima facie reveals that Surendra had sustained a large deep wound on the back expanding from back of thorax to left renal angle. The said injury had exposed his spine. The medical certificate indicates that said Surendra was admitted in the hospital for 24 days. The medical certificate of Swapnil also indicates that he had sustained a CLW over right buttock, which was caused by 2/4

sharp weapon. The injuries are stated to be grievous in nature. As regards the other persons are concerned, injuries sustained by Satish Divekar, Ajit Divekar, Santosh Divekar, Yuvraj Divekar and Shankar Pawar were simple in nature. Considering the fact that the Applicant Nos. 2 to 8 were not armed with any deadly weapons and not involved in inflicting the injuries on Surendra and Swapnil, in my considered view the Applicant Nos.2 to 8 are entitled for bail. 5.

Under the circumstances, the application is allowed on the following terms and conditions:- (i) The Applicant Nos. 2 to 8 are ordered to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety each to the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Daund.

(ii) The Applicant Nos. 2 to 8 shall report to the Investigating Officer as and when required by the Investigating Officer for the purpose of investigation and interrogation.

(iii) The Applicant Nos.2 to 8 shall not interfere with the 3/4

complainant, other injured and the witnesses in any manner.

(iv) The Applicant Nos.2 to 8 shall not leave DistrictPune, till filling of the charge-sheet, without prior permission of the J.M.F.C., Daund.

(ANUJA PRABHUDESSAI, J.) 4/4