Prasad Pradeep Jadhav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.888 OF 2019 Prasad Pradeep Jadhav .... Applicant

Versus

The State of Maharashtra .... Respondent ----- • Mr. Ashok B. Tajane for the Applicant.

• Mr. S. H. Yadav, APP for the State/Respondent. • Mr. Rajesh Purushottam Tathe, P.N. 320, Sadar Bazar p.stn. Is present.

----- CORAM : SARANG V. KOTWAL, J.

DATE : 12th JUNE, 2019 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No. I 183 of 2019 registered with Sadar Bazar Police Station, Dist. Solapur under section 324, 504 and 506 r/w. 34 of the Indian Penal Code.

2.

The FIR is lodged by one Raj Tonpe on 05/03/209. He has stated in the FIR that on 04/03/2019 at about 8.30p.m. he was sitting with his friend Rohan Jadhav in a coffee shop. The present applicant was also there. There was some minor quarrel

between the applicant and the first informant. The applicant left the place. On the next day at about 11.30a.m. the present applicant again approached him outside the coffee shop. The first informant was called outside the coffee shop. When he went there, the present applicant and his friend Abhishek assaulted the first informant and Rohan with small knife on their back. They went to the civil hospital for treatment and after that FIR was lodged. 3.

Heard Shri. Tajane, learned counsel for the applicant and Shri. S. H. Yadav, learned APP for the State. 4.

Learned counsel for the applicant submitted that the applicant himself had lodged FIR vide C.R.No. I 180 of 2019 on 05/03/2019 which was U/s.324, 323 and 504 r/w. 34 of I.P.C. against the aforementioned Raj. He submitted that as a counter blast to that FIR, the present FIR was lodged by Raj Tonpe against the applicant on the next day.

5.

Having considered the rival submissions, I find force in the submission of Shri. Tajne that as a counter blast, the FIR was lodged against the present applicant. Also perusal of the injury certificate produced by Investigating officer shows that the first

informant Tonpe and Rohan had suffered minor injuries in the nature of plain trauma. The injuries may not be caused by any sharp weapon. The allegations in the FIR against the present applicant do not appear to be serious in any case. Considering the minor nature of injuries, custodial interrogation of the applicant is not necessary.

6.

Hence, the following order :

ORDER

(i) In the event of his arrest in connection with C.R. No.183 of 2019 registered with Sadar Bazar Police Station, Dist. Solapur, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(ii) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)