Dhanaji Vishwas Jagtap And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.824 OF 2016 1.

Dhanaji Vishwas Jagtap 2.

Ramesh Nana Jagtap 3.

Shahji Raghunath Jagtap ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.D.D.Rananaware, for the Applicants Ms.Veera Shinde, A.P.P for the Respondent-State Police Naik - D.V.Kalange, Pusegaon Police Station, Satara. CORAM : REVATI MOHITE DERE, J.

DATE : 6th MAY, 2016 P.C. :

1.

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

By this application, the applicants seek their enlargement on bail in connection with C.R. No.92 of 2015, registered with the Pusegaon Police Station, Satara for the alleged offences punishable under Sections 307, 427 r/w 34 of the Indian Penal Code.

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2/4 3.

Learned Counsel for the Applicants submitted that the incident in question took place on 18th December, 2015 at about 5.15 a.m. He submitted that the applicant no.1 - Dhanaji Vishwas Jagtap is alleged to have assaulted the injured - Vitthal Phadtare with a wooden stick on his cheek; applicant no.2 - Ramesh Nana Jagtap is alleged to have assaulted the injured on his back and applicant no.3 - Shahji Raghunath Jagtap is alleged to have held the hands of the injured - Vitthal. He submitted that investigation is complete and charge-sheet is filed and as such the applicants be enlarged on bail. He also states that there are no antecedents, qua the present applicants.

4.

Learned APP states that Vitthal Phadtare had received 5 injuries including a head injury which is grievous in nature and fracture of the right parietal bone and right petrous temporal bone. 5.

Perused the papers. It appears that the injured has received 6 injuries, out of which 5 are abrasions and 1 injury is swelling over the back. He has also suffered fracture of the right parietal bone and right petrous temporal bone. The applicant no.1 is alleged to have assaulted the injured 2/4

3/4 with a wooden stick on his cheek, applicant no.2 is alleged to have assaulted the injured on his back and applicant no.3 is alleged to have held the hands of the injured. Investigation is complete and charge-sheet is filed and there are no antecedents, qua the present applicants. 6.

Considering the aforesaid, the applicants are enlarged on bail on the following terms and conditions :

ORDER

(i) The Applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- each with one or two sureties in the like amount;

(ii) The applicants shall attend the concerned Police Station on the first Saturday of every month between 10:00 a.m. to 11:00 a.m., for a period of 12 months from the date of their release; (iii) The applicants shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

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4/4 (iv) The applicants shall inform their latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(v) The applicants to cooperate with the conduct of the trial; 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein 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. 9.

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

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