Ashok Laxman Gaikwad And ORS. v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1298 OF 2018 Ashok Laxman Gaikwad and Ors.
] ... Applicants
Versus
The State of Maharashtra.
] ... Respondent Mr. Sachin Gite for Applicants.
Mr. S.R. Agarkar, APP for State/Respondent.
PSI Vaishali Bhabad attached to Deolali Camp Police Station, Nashik City.
CORAM :- SARANG V. KOTWAL, J.
DATE :- 10 JUNE, 2019.
P. C. :- 1.
The applicants are seeking anticipatory bail in connection with C.R.No.I-58/2018 registered with Deolali Camp Police Station, Nashik City u/sec. 324, 354, 323, 504, 506 r/w Section 34 of I.P.C. on 06/05/2018.
2.
The FIR is lodged by one Sunita Jagtap in respect of the incident dtd. 05/05/2018. It is mentioned in the FIR that, at about 10.30 p.m. to 10.45 p.m. when the first informant and other lady members of the
2 9 - ABA No.1298-18.doc family were taking a walk, all the applicants were present in front of Bahai Vidya Mandir. It is alleged in the FIR that the applicant Ashok Gaikwad was having an axe, applicant Vijay Gaikwad was having a knife, applicant Aniket Gaikwad was having a wooden stick and the applicant Aakash Gaikwad was having an iron rod. It is further mentioned that all the applicants asked the first informant and her group as to why they are laughing at them. On that count all of them assaulted the first informant, Chhaya, Sushma and Sangeeta. In the incident, the first informant suffered injuries on her neck and on the little finger. The others also suffered injuries. 3.
Ld. APP for State pointed out that the first informant had suffered four injuries and there was fracture to her little finger. The other injured Sushma and Sangeeta had suffered minor injuries. 4.
As against these submissions, Ld. Counsel for the applicants pointed out that wife of Applicant No.1 has also lodged FIR vide C.R. No.I-59/2018 against the first informant Sunita Jagtap in this case and others. In that FIR the first informant Kalpana Gaikwad had described the same incident from her point of view.
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Perusal of both these FIRs shows that there was some incident that took place on that day at that time. The quarrel had suddenly taken place. Even as per the FIR lodged by the first informant Sunita Jagtap, the applicants were standing at a different place and only because the first informant and others went there while taking their walk, this incident took place. Thus, there does not appear to be any premeditation. The incident does not appear to be a serious incident. The incident occurred around a year ago. Though there is fracture to the little finger of the first informant, Section 326 of I.P.C. is not yet applied. Looking at the nature of incidence and the time which has lapsed since the date of incidence, no purpose will be served by arresting the applicants as custodial interrogation does not appear to be necessary. Hence, the following order.
ORDER
1.
In the event of their arrest in connection with C.R.No.I-58/2018 registered with Deolali Camp Police Station, Nashik City the Applicants be released on bail on their executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties each in the like amount.
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Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)