Puliya Jampya Meghwat v. The State Of Maharashtra

1/3 30 ABA-1942-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1942 OF 2021 Puliya Jampya Meghawat ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Shailesh Kharat for the Applicant.

Ms.Rutuja Ambekar, APP for the State.

...

CORAM: BHARATI DANGRE, J.

DATED : 02nd SEPTEMBER, 2021 P.C:- 1.

In terms of the earlier directions, the learned APP has placed on record the copy of the FIR and has also handed over the same to the counsel appearing for the Applicant. 2.

The Applicant is apprehending his arrest in C.R.No.226 of 2021 registered with Chaturshungi Police Station, invoking the provisions of Sections 323, 326, 504, 506 read with 34 of the Indian Penal Code (for short, "IPC") and Sections 37(1), 135 of the Maharashtra Police Act.

3.

The offence came to be registered on a complaint fled by one Devi Shankar Meghawat, who alleged that on 06/05/2021, she could hear whimpering of her nephew Ganesh and,

2/3 30 ABA-1942-21.doc therefore, she accompanied by Sarita, approached his house, which was in the neighbourhood. She noticed that Accused No.1-Puliya was assaulting Ganesh and when they attempted to intervene, they were driven away. When they still persisted, it is alleged that the accused persons followed them and the Applicant, who was armed with an axe, by its rear end (the wooden handle), hit the complainant in her head and another Accused Lokesh is alleged to have assaulted by means of a griddle in his hand.

4.

The papers of investigation compile the injury certifcate issued on 11/06/2021 by a private hospital in Pune where the injured was brought on 07/05/2021. The certifcate mentions one CLW on head with stitches administered by the earlier hospital. The injury is described as simple injury. In the wake of the nature of accusations and since the assault is by the rear end of the axe and the injury suffered being simple, the Applicant is entitled for protection in the event of his arrest. Hence the following order.

: ORDER :

(a) The application is allowed.

(b) In the event of arrest in C.R.No.226 of 2021 registered with Chaturshungi Police Station, ApplicantPuliya Jampya Meghawat shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(c) The Applicant shall report to the concerned police station on every Monday and Thursday between

3/3 30 ABA-1942-21.doc 10.00 a.m. and 2.00 p.m. for a period of two weeks and thereafter as and when called for.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with the prosecution evidence. ( SMT. BHARATI DANGRE, J.)