Rakesh Suresh Adhav And ANR v. The State Of Maharashtra

Tilak 1/3 (902)ABA-905-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.905 OF 2016 Rakesh Suresh Adhav and anr .. Applicants

Versus

The State of Maharashtra .. Respondent --- Mr. Pankaj Purway, Advocate for the applicant. Mr.H.J. Dedhia, APP for the Respondent State. PSI Rathod from Nehru Nagar P.Stn present.

--- CORAM : P.N. DESHMUKH, J.

DATED : 10th JUNE 2016 --- P.C. :

Heard learned counsel for both the sides.

Perused the documents filed in the application. It appears that the incident has taken place on 4th May 2016 at about 6.15 pm at Chembur in the background of applicants erected panshop in front of house of complainant Hari Goyal, who therefore requested the applicants to remove the same as it was causing nuisance to the residents of the said area. It is further the case of the informant that on the same day, there was some quarrel between the applicants, as complainant's niece i.e. Savita while playing, accidentally dashed with the motorcycle of applicant Rakesh due to which its number plate got damaged. In the background of the said incident, and also applicants having been

Tilak 2/3 (902)ABA-905-16 erected pan-shop, quarrel took place when applicants are alleged to have committed assault on informant by fist blows in the presence of Prabhu - brother of informant who intervened the quarrel, and was also subjected to assault by the applicants and there was injury to his finger. Further contents of FIR reveals that on 4th May 2016 at about 8.00 pm, the applicants also having indulged into quarrels with elder brother of informant i.e. Arjun committed assault on him by wooden planks along with coaccused Yogesh Pawar. Having considering the contents of FIR, the allegations against the applicants appears to be of assault by fist blows, while with reference to incident which occurred at 8.

00 pm, the allegations against co-accused Yogesh Pawar and Rohit Bakolia are of their committing assault on Arjun and Prabhu - both brothers of informant Hari, by wooden planks. Co-accused are already stated to be released on regular bail by the trial Court. The learned APP, on instructions from Investigating Officer, states that injury certificate is not yet procured from Investigating Officer. According to the statement of Prabhu, he has sustained fracture injury on his finger.

In that view of the matter, application is allowed as per the order below.

O R D E R

In the event of the arrest of the applicants involved in Crime No.96/16 registered by Nehru Nagar Police Station for the

Tilak 3/3 (902)ABA-905-16 offences punishable under section punishable u/s.326, 325, 506 r/w sec.34 of the IPC, they shall be released on P.R. Bond in the sum of Rs.20,000/- each with one surety each in like amount. The applicants shall attend the Investigating Officer on 13th 15th and 17th June 2016, and thereafter as and when called by the Investigating Officer.

The applicants shall not tamper with the Investigation.

(P.N. DESHMUKH, J)