Abhijeet Arun Pawar v. The State Of Maharashtra
Ethape 1 51.BA.947.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.947 OF 2021 Abhijeet Arun Pawar .. Applicant Vs.
The State Of Maharashtra .. Respondent -------------------------------------------------------------------------------------- Mr.Prashant Pandey i/b Mr. Pradeep Singh, Advocate for Applicant.
Mr. Y.M. Nakhwa, A.P.P. for the State-Respondent. -------------------------------------------------------------------------------------- CORAM : PRAKASH D. NAIK, J.
DATE : 23RD JUNE, 2021 PC.
1.
The applicant is arrested on 09.10.2020 in connection with C.R. No.1223 of 2020 registered with Samta Nagar Police Station, Kandivali. The First Information Report (for short 'FIR') was registered on 09.10.2020 for the offence punishable under Sections 307 read with 34 of the Indian Penal Code (for short 'IPC').
2.
The case of the prosecution is that on 08.09.2020 the injured was assaulted by the applicant and the co-accused. The applicant was allegedly carrying plastic pot and the co-accused were carrying Sanitizer stand. Two other accused allegedly assaulted by fist and kick blows.
Ethape 2 51.BA.947.2021 3.
Learned counsel for the applicant submitted that chargesheet is filed. The applicant is in custody for substantial period of time. All the other accused were arrested and granted bail. 4.
Learned APP submitted that specific role has been attributed to the applicant. Two cases were registered against the applicant. One case is offence under Section 397 of IPC and the second case for the offence under Section 324 of IPC. Learned counsel for the applicant on instructions submits that the applicant has been acquitted for the offence under Section 397 of IPC.
5.
The applicant is in custody from 09.10.2020. Considering the fact that all the accused, including co-accused Swapnil Redekar, who was attributed role of assaulting the injured by some article, are being granted bail, the applicant need not be further detained.
ORDER
(i) Bail Application No.947 of 2021 is allowed;
(ii) The applicant is directed to be released on bail in connection with C.R. No.1223 of 2020 registered with Samta Nagar Police Station, Kandivali on furnishing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
(iii) The applicant shall report Samata Nagar Police Station, Kandivali, once in three months on first Saturday
Ethape 3 51.BA.947.2021 of the month between 11:00 a.m. to 1:00 p.m. till further orders;
(iv) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of 8 weeks in lieu of sureties.
(v) Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)