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Bombay High CourtBA/1019/2021allowed

Ravi @ Bhurya Balaram Patil v. The State Of Maharashtra

2021-03-31Hon'Ble Shri Justice Prakash D. Naik3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1019 OF 2021 Ravi @ Bhurya Balaram Patil Applicant versus The State of Maharashtra Respondent Mr.R.D.Suryawanshi for applicant.

Mr.Y.M.Nakhwa, APP, for State.

Mr.D.V.Aware, API, Khadakpada Police Station. CORAM : PRAKASH D. NAIK, J.

DATE : 31st March 2021 PC :

1.

This is an application for bail. The applicant is arrested in CR No.I-374 of 2020 registered with Khadakpada Police Station for offences u/s 307, 323, 504 r/w 34 of Indian Penal Code. The FIR was registered on 5th November 2020. The applicant was arrested on the same day.

2.

The case of complainant is that on 5th November 2020 at about 7.45 pm, while the complainant was at his residence, the applicant came there and started abusing him. He was questioned by the complainant. The applicant then assaulted the complainant with weapon like sword. The blow was given on head of complainant. During the course of investigation statement of witnesses were recorded and charge sheet is filed.

3.

The injury certificate of the complainant dated 18th November 2020 indicate that he had sustained incise wound over left temporal parietal region which was of grievous of nature.

2 of 3 3.BA.1019.2021.doc 4.

Learned counsel for applicant submitted that it is a case of single blow. The investigation is complete and charge sheet is filed. The applicant is in custody from 5th November 2020. 5.

Learned APP submitted that specific overt act has been attributed to the applicant. He was instrumental in causing damage to four wheeler as well as assaulting the complainant with sword. The weapon is recovered from the applicant. He is involved in one more case registered for the offence u/s 324 of IPC. 6.

The incident had occurred on 5th November 2020. The case of the prosecution is that the applicant had abused the complainant and then assaulted him by giving him single blow on his head. The victim was in hospital for three days. The applicant is in custody from the date of arrest. Further detention of the applicant is not necessary. On stringent conditions bail can be granted to the applicant. Hence, I pass following order :

ORDER

(i) Bail Application is allowed and disposed of;

(ii) The applicant is directed to be released on bail in connection with CR No.I-374 of 2020 registered with Khadakpada Police Station, on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall stay out of jurisdiction of Khadakpada Police Station for a period of six months;

(iv) The applicant shall regularly attend Trial Court on the date of hearing, unless exempted by the Trial Court;

3 of 3 3.BA.1019.2021.doc (v) The applicant shall provide details of his residence to the Investigating Officer as soon as he is released on bail; (vi) The applicant is permitted to furnish cash bail for a period of eight weeks in the sum of Rs.25,000/- in lieu of sureties. (PRAKASH D. NAIK, J.) MST