Hanmant Rajaram Salunkhe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 470 OF 2023 Hanmant Rajaram Salunkhe ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Vishwasrao Deokar a/w. Vishaka Patel for the Applicant. Mr. Shrikant Yadav, APP for the State.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 16th MARCH, 2023.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.308 of 2022 registered with Kamati Police Station, Solapur for offences under Section 323, 324, 325, 504, 506 r/w. 34 of the Indian Penal Code. 2.

Heard learned Counsel for the Applicant, learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties . 3.

The aforesaid crime was registered pursuant to the FIR lodged by Sunil Ambare. A perusal of the FIR prima facie reveals that there was some altercation between the co-accused and Bapurao Sakhare, the Digitally signed by PRASANNA P SALGAONKAR Date:

2023.03.18 15:37:46 +0530 maternal uncle of the first informant. The first informant has stated that PRASANNA P SALGAONKAR

the co-accused Swapnil assaulted said Bapurao by means of an iron rod, whereas the Applicant herein is alleged to have assaulted him with a sugarcane. The records reveal that the injured has sustained grevious injury on the left elbow which was allegedly caused by the co-accused Swapnil.

4.

Considering the role attributed to the Applicant, this Court (Coram M.S.Karnik, J.), by order dated 23.02.2023 had granted anticipatory bail to this Applicant. It is stated that the Applicant has reported to the Investigating Officer and has co-operated with investigation. Under the circumstances, in my considered view, no case is made out for custodial interrogation.. Hence the application is allowed on the following terms and conditions:- (i) In the event of arrest of the Applicant in Crime No.308 of 2022 registered with Kamati Police Station, Solapur, the Applicant be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one or two sureties in the like amount, to the satisfaction of the Investigation Officer.

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

(iii) The Applicant shall keep the Investigating Officer informed of his current address and mobile/contact details, and/or change of residence or mobile/contact details from time to time.

(iv) The Applicant shall not interfere with the Complainant and the other witnesses, or tamper with the evidence in any manner. (ANUJA PRABHUDESSAI, J.)