Swaraj Ganesh Patil v. State Of Maharashtra
JAYARAJAN ANJAKULATH NAIR Date: 2022.07.11 18:57:43 +0530 JAYARAJAN ANJAKULATH NAIR 1/3 05 ABA-1837.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1837 OF 2022 Swaraj Ganesh Patil ] ... Applicant Vs.
The State of Maharashtra ] ... Respondent ...
Mr. Yogesh Dalvi with Mr. Avinash Naik for the applicant. Mr. S.H. Yadav, A.P.P. for the State.
...
CORAM
: SMT. BHARATI DANGRE, J.
DATED : 08TH JULY, 2022.
P.C.:- 1.
The applicant claim parity with one Ganesh Patil, his father, who was admitted to protection by an order passed by me on 28/06/2022 in connection with C.R. No.128 of 2022. 2.
Pertinent to note that on the complainant reporting an incident dated 24/05/2022 to the Kongaon Police Station, the above C.R. came to be registered and Sections 323, 326, 143, 144, 147, 148, 149 and 504 of the IPC were invoked against the
2/3 05 ABA-1837.22.odt accused. The applicant was arraigned as accused No.5. 3.
When the complaint is carefully perused, it is alleged by the complainant that accused Nos.1, 2 and 3 had assaulted him by means of an iron rod. His further narration is, when he attempted to save himself and started running, he was chased by Ganesh Patil and his son (the present applicant) and was assaulted by fist and blows.
4.
When the injury sustained by the complainant is perused, it disclosed only one CLW of 4x1x1 c.m. in the parietal region, which is a grievous injury. There is no corresponding injury sustained by the complainant.
5.
In the wake of the role attributed to the applicant as well as his father and, that is the precise reason why his father Ganesh Patil was released on bail, I see no reason why the applicant shall also not be entitled for the same relief. Hence, the following order:
ORDER
(a) In the event of arrest, the applicant - Swaraj Ganesh Patil shall be released on bail in C.R. No.128 of 2022 registered with Kongaon Police Station, District Thane on executing P.R. bond to
3/3 05 ABA-1837.22.odt the extent of Rs.25,000/- and furnishing one or two sureties of the like amount.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case and shall not tamper with prosecution evidence.
(c) The applicant shall report to the Kongaon Police Station, Dist. Thane on 13/07/2022 and 14/07/2022 between 02.00 p.m. and 05.00 p.m.
and, thereafter, as and when directed by the Investigating Officer.
6.
The application is allowed in the aforestated terms. 7.
All parties are directed to act on the downloaded copy of the order supplied by the Advocate under his seal and signature. [SMT. BHARATI DANGRE, J.]