Sanjay Sukhdev Mane v. The State Of Maharashtra

1/3 10 ABA 2009-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2009 OF 2021 Sanjay Sukhdev Mane .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr. Satyavrat Joshi i/b Jaydeep D. Mane for the applicant. Mr.A.R. Kapadnis, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 31st AUGUST, 2021 P.C:- The applicant is arraigned as Accused no.2 in C.R. No. 541 of 2021 registered with Pandharpur Taluka police station on 9th July 2021. The said C.R. invoke Sections 324, 327, 504, 506 read with Section 34 of the IPC.

The complainant is one Laxman Mane who is an agriculturist, resident of Tapkiri, and he refer to a previous quibble with one Samadhan Mane and Appa Masal since he noticed that they were illegally excavating sand from the river which was running adjacent to his field and he alleged that they had a cause to settle with him.

2/3 10 ABA 2009-21.doc The incident reported is alleged to have taken place on 8th July 2021 at 2.00 p.m when he went to the village and he was called to his field, where all the accused persons were present. It is alleged that they abused the complainant with reference to his objection to the excavation of sand and with an intention to kill him, it is alleged that Accused no.1 assaulted him with an iron rod in his head, which resulted into an injury. As far as the present applicant is concerned, it is alleged that he assaulted him by means of a iron rod on his hands and forearm, causing a trivial injury. The complainant further alleged that the other accused Appa and Pandurang also assaulted him. Accused no.1 Samadhan is alleged to have robbed him of his mobile phone and a piece of jewellery of two grams worn by him around his neck and a cash of Rs.10,300/-. On being injured, he was offered treatment and his statement came to be recorded.

As far as the injury certificate is concerned, the applicant can be attributed injury no.3 in the said injury being referred to as 'contusion 7 x 6 cm, lateral aspect of forearm' and the last injury in the certificate which refer to swelling at the dorsum at mid-arm. The applicant is not alleged of removing the mobile phone or the jewellery and the cash but

3/3 10 ABA 2009-21.doc the same is attributed to Accused no.1.

In the wake of the said accusations, he is entitled for protection from arrest subject to the following stipulation :-

O R D E R

(a) In the event of his arrest, the Applicant - Sanjay Sukhdev Mane in connection with C.R.No.541 of 2021 registered with Pandharpur Taluka Police Station shall be released on bail on furnishing P.R. bond to the extent of Rs.20,000/- with 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 so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(c) The Applicant shall report to the Police Station on every Thursday between 10.00 am to 2.00 p.m for a period of four weeks and thereafter as and when called.

Application is allowed in the aforesaid terms. SMT. BHARATI DANGRE, J