Manish Ramesh Mhatre v. The State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2023.07.21 17:59:24 +0500 908-aba-863-23.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 863 OF 2023 Manish R. Mhatre ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Surabh Butala for the Applicant.

Mrs. Veera Shinde, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

23.03.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.79 of 2023 registered at Taloja Police Station, New Mumbai for the ofence punishable under Section 326 of the Indian Penal Code. 3.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 4.

According to the prosecution, on the date of incident which took place on 8 March 2023, the present applicant assaulted the complainant by knife and caused him grievous hurt. 5.

I have perused the First Information Report (FIR). It appears that the alleged incident took place when the complainant tried to intervene in the quarrel which was going on between one Jayesh Dinesh S. Sherla 1/2

908-aba-863-23.doc Palekar and the present applicant on some trivial issue. 6 .

The applicant appears to be student and there are no other criminal antecedents. The complainant/injured has fled the afdavit before the Sessions Court that he has no objection if the applicant is granted anticipatory bail. Considering overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail subject to certain conditions. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 79 of 2023 registered at Taloja Police Station, New Mumbai for the ofence punishable under Section 326 of the Indian Penal Code, he be released on bail on executing P.R Bond in the sum of Rs.25,000/- with one or two sureties in the like amount subject to payment of Rs.25,000/- to the Maharashtra Police Welfare Fund - A/c. No.

914010029005759;

IFSC Code No.UTIB000006 0 and Rs.25,000/- to the injured/complainant towards medical expenses.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2