Dashrath Ramling Salunke v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2271 OF 2022 Dashrath Ramling Salunke .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Ritesh Thobde a/w. Sagar Tambe for the Applicant. Ms. G.P. Mulekar, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 24th AUGUST, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. for pre-arrest bail in C.R.No.439/2022 registered with Vairag Police Station, Dist. Solapur for offences punishable under sections 307, 323, 324, 336, 504, 506, 109, 143, 147, 148 r./w. 149 of the Indian Penal Code. 2.

Heard learned counsel for the Applicant and learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 3.

The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Kishor Kashinath Salunkhe. The complainant has alleged that on 30/10/2020, the Applicant and the co1/3

accused formed an unlawful assembly armed with deadly weapons and that the Applicant had assaulted him with a stick on his back and thigh. The medical certificate does not reveal that the complainant had sustained any injury on his back or thigh. The injuries sustained by the complainant are simple in nature.

4.

Considering the role attributed to the Applicant, in my considered view, this is not a case which would justify custodial interrogation. Hence, the Application is allowed on the following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.439/2022 registered with Vairag Police Station, Dist. Solapur, he shall be released on bail, on furnishing P.R. bonds in the sum of Rs.25,000/- with one or more sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer for three days from 29/08/2022 from 10:00 a.m. to 01:00 p.m.

(c) The Applicant shall not interfere with the complainant 2/3

and the other prosecution witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;

(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

Application stands disposed of.

Digitally signed by PREETI H JAYANI Date:

2022.08.26 18:32:21 +0530 PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) 3/3