Surendra Harishchandra Gupta And ANR v. The State Of Maharashtra

aba.1523.19.929.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 1523 OF 2019 Surendra Harishchandra Gupta & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Madan Gupta I/b Mr. Dilip R. Gupta for the Applicants Ms. P. P. Shinde, A.P.P for the Respondent-State Mr. Priyal G. Sarda for the Intervener PSI Mr. S. B. Mujawar from Goregaon Police Station, is present CORAM : REVATI MOHITE DERE, J.

THURSDAY, 18 th JULY 2019 P.C.

Heard learned counsel for the parties.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 149 of 2019 registered with the Goregaon Police Station, Mumbai, for the alleged offences punishable under Sections 326, 323, 504, 506 r/w 34 of the Indian Penal Code. Perused the papers. The incident in question has taken place on 14th March 2019. It is alleged that in the said incident, the applicant No. SQ Pathan 1/2

aba.1523.19.929.doc 1 assaulted the complainant and others with a bamboo stick and applicant No. 2 assaulted with an iron rod. A perusal of the injury certificate shows that as many as three persons have sustained injuries i.e. Krishna Gupta (complainant), Niranjan Gupta (complainant) and Vijay Devanshi. It appears that Niranjan Gupta and Krishna Gupta were in the Hospital for five days. The ocular evidence is consistent with the medical certificate. It appears that there is a cross case filed, however, the same was registered after four days by the complainant's side.

Having regard to the role of the applicant, this is not a fit case to grant pre-arrest bail to the applicant. The application is rejected. However, if an application for regular bail is filed, the same shall be decided by the trial Court on its own merits, uninfluenced by the observations made in this order.

Application is accordingly disposed of.

REVATI MOHITE DERE, J.

SQ Pathan 2/2