Mehul Shyam Chodankar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 285 OF 2015 Mehul Shyam Chodankar ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Vibhuti Desai for the Applicant Ms. Rutuja Ambekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

THURSDAY, 5TH MARCH, 2015 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

The learned Counsel for the applicant states that the complaint has been lodged by Vijay Sudhakar Pandey, wherein he has alleged that the applicant had assaulted him, with a weapon on his head, resulting in a grievous injury. Learned Counsel for the applicant states that the certificate, which is of a private hospital issued by Laxminarayan Hospital, Nallasopara (East), Thane, shows that all the injuries were simple injuries, both on the forehead and on the right hand and there were few abrasions. The CT-scan reports and the X-ray do not show that there was a fracture or 1/3

any grievous injury sustained by the injured. 3.

Learned A.P.P, on instruction of the Investigating Officer, who is present in Court, states that there is no Certificate of the Government Hospital or any other Certificate to show that the complainant has sustained grievous injury.

4.

Considering the material on record, the applicant deserves to be enlarged on bail, in the event of arrest, on the following conditions:

ORDER

(i) The applicant, in the event of his arrest, be enlarged on bail on executing PR Bond in the sum of Rs. 15,000/- with one or two solvent sureties in the like amount; (ii) The applicant shall attend Navghar Police Station once a week on Saturday between 11:00 a.m. to 12:00 noon till the filing of the charge-sheet;

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(iii) The applicant to cooperate with the investigating agency and shall not tamper or attempt to influence the witnesses or any person concerned with the case. 5.

Application is disposed of accordingly.

6.

The aforesaid observations are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 7.

Parties to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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