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Bombay High CourtABA/1063/2019anticipatory bail granted

Abhijeet Ashok Ghatage v. The State Of Maharashtra

2019-09-05Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1063 OF 2019 Shri. Abhijeet Ashok Ghatage .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Vijay Killedar for Applicant.

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

DATE : 05th SEPTEMBER, 2019 P.C. :

1.

The applicant is seeking anticipatory bail in connection with C.R.No.I 179 of 2018 registered with Hatkanagale Police Station, Kolhapur, under sections 324,326,354,323,504 and 506 r/w. 34 of the Indian Penal Code.

2.

The F.I.R. is lodged by one Shivaji Khondre on 23/06/2018. He has stated that, in the morning on that day, he was sitting near Ganesh Chowk, at that time, present applicant

passed from the road. There was some exchange of words. The applicant got angry and came back with his parents. The applicant was having something in his hand which is described as 'fighter' in the FIR. According to the prosecution case, it is a metal covering worn on fingers. It is further alleged that the applicant gave two blows to the first informant and the informant's son Shantinath was also assaulted.

3.

Heard Mr. Vijay Killedar, learned counsel for the Applicant and Smt. J. S. Lohokare, learned APP for the State/Respondent.

4.

Learned APP has produced medical certificate in respect of the injuries suffered by the first informant Shivaji. The certificate shows that there were two injuries on the chest which were described as simple injuries by hard and blunt object. Learned APP further submitted that Shantinath was not admitted in the hospital, therefore, there was no injury certificate. In any case, the incident appears to be a minor incident, for which, custodial interrogation of the applicant is not necessary. 5.

Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R. No. I 179/18 registered with Hatkanagale Police Station, Kolhapur, 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.)