Pintu @ Uttam Dharma Gaikwad And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1203 OF 2021

1. Pintu @ Uttam Dharma Gaikwad

2. Achyut (Ajit) Dharma Gaikwad .... Applicants

Versus

The State of Maharashtra .... Respondent ______ Mr. Rahul Dhaigude, for the applicants.

Smt. P.P. Shinde, APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE : 19th MAY, 2021 (Through Video Conferencing) P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No. 279 of 2021 registered at Satara Police Station, under sections 326, 323, 504, 506 read with section 34 of the Indian Penal Code.

2.

Heard Mr. Rahul Dhaigude, learned counsel for the applicants and Smt. P.P. Shinde, learned APP for the State.

3.

The FIR is lodged by one Aditya Zombade on 03/04/2021. He has stated that on 03/04/2021, at about 7.30 p.m., they were playing holi with colours. The accused Sharad Kamble called the informant and demanded Rs. 200/- for drinking liquor. The informant refused. Sharad got angry. He abused the informant. Sharad went away from there and then came with a sickle. It is alleged that both the applicants who were uncles of Sharad, followed him. Sharad straight way gave a blow of sickle on the informant's head. When the informant was trying to hold Sharad Kamble, applicant No.1 pelted a stone at his back. The applicant No. 2 beat the informant with his hands. The informant thereafter was taken to the hospital for treatment. On this basis the FIR is lodged.

4.

Learned Counsel for the applicants submitted that the applicants have not used any weapon and have not caused any injury. He submitted that the main accused Sharad Kamble is already granted regular bail. He,therefore, submitted that no purpose will be served by arresting the present applicants.

5.

Learned APP opposed this application. She submitted that the names and role of the applicants are mentioned in the FIR itself.

6.

I have considered these submissions. From the narration in the FIR it is difficult to observe that the applicants had entertained any common intention with the main accused Sharad Kambale. Both of them had followed Sharad Kambale. Sharad carried a weapon and gave a blow on the victim' s head. The applicants were not having any weapons. The accused Sharad Kambale is already granted bail. However, considering the fact that the applicants had followed the main accused and had not come together with him, there is a scope to believe that they did not share common intention with him. In any case, the role attributed to the applicants is minor. Therefore they can be granted protection of anticipatory bail order. 7.

Hence, the following order :

O R D E R

(i) In the event of their arrest in connection with C.R. No 279 of 2021 registered with Satara

Police Station, the Applicants are directed to be released on bail on his furnishing PR bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.

(ii) The Applicants shall attend the concerned Police as and when called and shall co-operate with the investigation.

(iii) The Application stands disposed of accordingly. (SARANG V. KOTWAL, J.)