Pramod Shivaji Shivane v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1102 OF 2016 PRAMOD SHIVAJI SHIVANE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Shri Satyajeet Joshi, Advocate for the Applicant. Shri H.J.Dedhia, APP for the Respondent - State.

CORAM

:

P. N. DESHMUKH, J.

DATE :

10th JUNE 2016.

P.C. :

Heard the learned counsel for the parties. Perused the Case diary. It is the case of the applicant that on the night of 21st April 2016, there was quarrel between him and his wife, who, therefore, informed the police and accordingly police arrived in the house of the applicant. It is specific case of the applicant that before arrival of police, his quarrel with his wife was no more in progress and they had already gone to sleep. However, after the police had arrived, it is the case of the prosecution that applicant avk 1/3

having entered into some quarrel with the police officials assaulted the first informant who is Bandu Patil. From the medical papers it appears that the first informant has sustained two injuries on the ear of which no nature is described nor any weapon is attributed by which such injuries are possible, who was admitted in a private hospital for want of availability of government hospital at Virar.

The learned APP on obtaining instructions from the Investigating Officer makes a statement that investigation is almost complete and charge-sheet is likely to be filed within one week.

Considering the nature of injuries sustained by the complainant and as the statements are only that of police officials, since the investigation is complete, I find no reason to keep the applicant behind the bars pending trial. Hence following order : i) The applicant shall be released on bail on his executing P.R.Bond in the sum of Rs.25,000/- avk 2/3

with one surety in like amount.

ii) The applicant shall mark his presence before the trial court on each date pending trial.

(P. N. DESHMUKH, J.) avk 3/3