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Bombay High CourtABA/1438/2022disposed off

Shriyash @ Jaki Vijay Pansare And ANR. v. State Of Maharashtra

2022-06-06Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

Rane 1/3 906-ABA-1438-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1438 OF 2022 Shriyash @ Jaki Vijay Pansare and anr.

) Applicants V/s.

The State of Maharashtra ) Respondent ...

Mr. Prashant S. Hagare, Advocate for the applicants. Mr. P.H. Gaikwad, Advocate for the respondent. Head Constable, Mr. J.M.Bhosale, Buckle No.1891 from Yevat Police Station present.

CORAM : SANDEEP K. SHINDE J.

DATE : MONDAY, 6TH JUNE, 2022.

P.

C. :

1.

Heard Mr. Hagare, learned Counsel for the applicants and Mr. Gaikwad, learned APP for State. 2.

Prosecution case is that, the applicants being members of unlawful assembly in prosecution of common object, assaulted the complainant and his friends in the alleged incident of road rage. Whereafter on report, Crime No.344/2022 came to be registered at Yewat Police Station,

Rane 2/3 906-ABA-1438-2022.odt Taluka-Daund, District-Pune (Rural) under Sections 143, 147, 149, 307, 341, 427 of the Indian Penal Code against three known persons and 19 unknown persons. Primary evaluation of the First Information Report and the investigation record produced by the prosecution reveals that, crucial role has been attributed to co-accused, Bittu Pansare, who allegedly attempted to assault the complainant with a stone. Bittu Pansare, has been arrested and is in custody as on today. The material on record, suggest that, the complainant and his friend had sustained simple injuries in the nature of contusion and CLW. Thus, having regard to the role attributed to the applicants, the nature and kind of injuries allegedly suffered, and in absence of criminal antecedents, a case is made out for granting pre-arrest bail to the applicants. Hence, the following order :

O R D E R

(i) In the event of arrest of the applicants in Crime No.344/2022 registered at Yewat Police Station, Taluka-Daund, District-Pune (Rural), they shall be released on bail on executing P.R. Bond in the sum of Rs. 20,000/- (Rs. Twenty Thousand only) each with one or more local sureties in the like amount;

Rane 3/3 906-ABA-1438-2022.odt (ii) Applicants shall report to the Investigating Officer on each Monday and Friday between 11:00 to 1:00 p.m. commencing from 13 th June, 2022 for a period of four weeks and thereafter as and when called.

(iii) Applicants shall furnish their residential address, as well as, permanent address and contact details to the Investigating Officer within a week.

(iv) Applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

3.

Application is allowed and disposed of accordingly. 4.

It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial NEETA SHAILESH SAWANT in other proceedings.

NEETA SHAILESH SAWANT Date: 2022.06.07 18:53:46 +0530 (SANDEEP K. SHINDE, J.)