Anil Lahu Gaikwad v. The State Of Maharashtra

(909) ABA 484-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 484 OF 2017 Anil Lahu Gaikwad .. Applicant Vs.

The State of Maharashtra .. Respondent Mr. D. J. Shejul for the Applicant.

Ms. P. P. Shinde, APP for the Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 19 th APRIL, 2017.

P. C. :

1.

The applicant was granted interim relief by an order dated 20.03.2017. By the said order, the applicant was directed to report to the concerned police station on stipulated dates and to co-operate with the Investigating Agency.

2.

It is the allegation against the applicant that he along with coaccused assaulted Sonu Singh with Bamboo stick on his biceps and head. It is the specific allegation of the complainant that the applicant was holding a Bamboo stick and with the aid of the same, he assaulted the him due to which the victim suffered injuries. The medical certificate issued in favour of the victim Sonu Singh corroborates the version, inter alia, that there is an injury on the forehead on occipital region. 3.

As stated earlier, the applicant was directed to attend the police station and co-operate with the Investigating Agency. The learned counsel 1/2

(909) ABA 484-17 for the applicant submitted that the police have already seized one Bamboo stick from the scene of offence. The learned APP submitted that the applicant did not produce the weapon used in the said crime and there is no recovery of the weapon. It appears that the applicant failed to cooperate with the Investigating Agency. The recovery of the Bamboo stick is yet to be effected at the instance of the applicant. 4.

After taking into consideration the serious allegations against the applicant and the gravity of the offence, in considered view of this the Court, the applicant does not deserve to be released on pre-arrest bail. 5.

The application is, accordingly, rejected.

[A. S. GADKARI, J.] 2/2