Gorakh Bhausaheb Thombare v. The State Of Maharashtra

1/4 ` nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1240 OF 2015 Gorakh Bhausaheb Thombare ... Applicant Vs The State of Maharashtra ... Respondent Mr.Kuldeep Patil a/w Mr.Prashant Hagare, for the Applicant. Ms.Y.M.Nakhwa, APP for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 25th AUGUST, 2015 P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the Respondent - State.

2.

By this Application, the Applicant seeks pre-arrest bail, in connection with C.R. No. 185 of 2015, registered with the Yavat Police Station, Pune, for the alleged offences punishable under Sections 324, 323, 504, 506, 141, 142, 143, 147, 148 of the Indian Penal Code.

2/4 3.

According to the complainant - Santosh Guldagad in the incident of 26th June, 2015 the present applicant along with co-accused who were their neighbours came outside their house and picked up a quarrel on the ground that the drainage water from the complainant's room was flowing towards the applicants room. It is alleged that the accused started assaulting the complainant, his wife, mother and sister-in-law. According to the prosecution, in the said assault six persons of the complainant's family including the complainant sustained injuries. 4.

Learned Counsel for the Applicant states that that applicant is alleged to have assaulted the wife of the complainant - Jayashree. He submitted that considering the nature of injuries, the applicant be enlarged on anticipatory bail.

5.

Learned APP opposed the application. He submitted that the as a result of the assault, the complainant had received grievance injuries and that he had fractured his thumb.

6.

Perused the papers, in particular the injury certificate of the

3/4 injured including the wife of the complainant -Jayashree, who is alleged to have been assaulted by the present applicant. The nature of the injuries sustained by Jayashree are simple in nature. The applicant has no antecedents.

7.

Considering the peculiar facts of the case ; role of the applicant and the injury certificate of Jayashree, the applicant is granted anticipatory bail on the following terms and conditions :-

ORDER

i) In the event of arrest, the Applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

ii) The Applicant shall attend the Yavat Police Station, Pune on every Saturday between 10.00 a.m., to 11.00 a.m., till the filing of the charge-sheet ;

iii) The Applicant shall not tamper or attempt to influence the complainant or any persons concerned with the case ; iv) The Applicant shall co-operate in the conduct of the trial.

4/4 8.

The Application is allowed and disposed of in above terms.

9.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.

10.

Parties to act upon the authenticated copy of this order. REVATI MOHITE DERE, J.