Jayendra Sadashiv Jadhav And ANR v. The State Of Maharashtra
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.989 OF 2017 1.
Dr. Jayendra Sadashiv Jadhav .Applicants 2.
Vikas Sadashiv Jadhav Vs.
The State of Maharashtra .Respondent Mr.R.R.Parmane i/b. Mr.V.R.Gaikwad, Advocate, for the Applicants Mr.Y.M.Nakhwa, APP, for the Respondent - State
CORAM
:
REVATI MOHITE DERE, J.
DATE :
23.06.2017 P.C.
.
Heard learned counsel for the parties.
2.
By this Application, the Applicants seek pre-arrest bail in connection with C.R.No.233 of 2017 registered with the Satara City Police Station, Satara, for the alleged offences punishable under Sections 143, 147, 149, 342, 325, 323, 307 & 394 of the Indian Penal Code.
3.
The incident has taken place on 23.03.2017. According to the Complainant, he was travelling in a Honda City Car from village Rui to Satara, when his car dashed a two-wheeler. The said two-wheeler was being driven by the Applicants'
father.
According to the Complainant, he and his friend admitted the said injured in Mathura Hospital, a hospital run by the Applicant No.1 i. e. the son of the injured. According to the Complainant, he thereafter received a call on his mobile, asking him to visit Yashwant Nero Hospital at Satara, pursuant to which, the Complainant visited the said hospital alongwith his two friends. The Complainant has alleged that he was taken to one room by three persons and that thereafter 7 to 8 more persons joined the said three persons. He has alleged that all the said persons started assaulting him with fists and kick blows, pursuant to which, his tooth got dislocated and started bleeding. According to the Complainant,
two of his friends intervened in the fight and rescued him. Pursuant to the said incident, the Complainant lodged the aforesaid complaint alleging offences punishable under Sections 143, 147, 149, 342, 325, 323 and 506 of the Indian Penal Code on the very day i. e. 23.03.2017. Thereafter, on 07.04.2017, the Complainant's supplementary statement was recorded, pursuant to which, Sections 307 and 394 were added.
4.
Learned counsel for the Applicants submitted that the aforesaid Sections i. e. Sections 307 and 394 were added after almost 15 days and that the allegations are a complete afterthought. He submitted that in the FIR, lodged on 23.03.2017, the allegations are that the Applicants alongwith others assaulted the Complainant with fists and kick blows.
5.
Learned APP opposes the Application. He submits that the hard disks have been recovered,
however, the hard disks are blank. Learned counsel for the Applicants states that the Applicants are only employees of the hospital and that the hospital has handed over two hard disks to the investigating officer.
6.
Perused the papers. The incident has taken place on 23.03.2017. It appears that the Complainant's car dashed a two-wheeler, which was being driven by the Applicants' father. It is not in dispute, that the Complainant had admitted the Applicants' father to the hospital i.e. Mathura Hospital. It appears that the Complainant was called to the Yashwant Nero hospital, where he was assaulted with fists and kick blows. It appears that in the said incident, his tooth got dislocated and started bleeding. The FIR was lodged on the very same day, alleging offences punishable under Sections 143, 147, 149, 342, 325, 323 and 506. After almost 15 days, the Complainant's supplementary
statement was recorded, pursuant to which, Sections 307 and 394 were added.
7.
Be that as it may, in the peculiar facts of this case, considering the nature of allegations and the role of the Applicants, custodial interrogation of the Applicants is not required. The hard disks have been handed by the hospital to the investigating officer.
Accordingly, the Application is allowed and the Applicants are granted pre-arrest bail on the following terms & conditions:- O R D E R (i) In the event of arrest, the Applicants be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount;
(ii) The Applicants shall attend the concerned police station as & when called for by the investigating officer;
(iii) The Applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
8.
The Application is allowed in the aforesaid terms and is accordingly disposed of. 9.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
Parties to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)