Ajit Chandrakant Karanje v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.490 OF 2020 Ajit Chandrakant Karanje Applicant versus The State of Maharashtra Respondent Mr.Viresh V. Purwant i/by Sachin H. Deokar for applicant. Smt.Veera Shinde, APP, for State.

Mr.Jayprakash V. Chauhan, ASI, Shikrapur Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 27th February 2020 PC :

1.

This is an application for bail in CR No.35 of 2020 registered with Shikrapur Police Station, for offences under Sections 143, 147, 447, 323, 504, 506 of Indian Penal Code. The FIR was registered on 27th January 2020.

2.

The case of the complainant is that the complainant along with his parents was carrying on agricultural work in field bearing survey no.20. At that time the accused including the applicant reached there. They told the complainant and others not to carry out the agricultural work. The complainant told that he has stay order of the Court. There was verbal altercation between them. Sachin Palande assaulted the complainant with stick which was lying at the place of incident. The other accused assaulted by stones from the agricultural field. Subsequently Section 327 was added.

3.

On perusal of the FIR it is apparent that the incident was on account of property dispute. Undisputedly the accused were not

2 of 2 909.ABA.490.2020.doc armed with any weapons. There was verbal altercation which was followed by assault by stick lying at the place of incident and stones from the agricultural field. The applicant had allegedly thrown stone on complainant and others.

4.

Learned APP pointed investigation papers and injury certificate of complainant and other witnesses. The complainant had sustained blunt trauma to occipital region. Other witnesses Sindhubai and Divakar Kalamkar sustained blunt trauma.

5.

Considering the factual matrix of the case, custodial interrogation of applicant is not necessary. Hence, protection u/s 438 of Cr.P.C can be granted to the applicant. Hence, I pass following order :

ORDER

(i) Criminal Anticipatory Bail Application No.490 of 2020 is allowed and disposed of;

(ii) In the event of arrest of applicant in connection with CR No.35 of 2020 registered with Shikrapur Police Station, District Pune, the applicant be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (iii) The applicant shall report the Investigating Officer on 5th and 6th March 2020 between 11 am and 1 pm and thereafter as and when called for till filing of charge sheet.

(PRAKASH D. NAIK, J.) MST