Suresh Chandulal Holkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1737 OF 2019 Suresh Chandulal Holkar ...Applicant Vs.

State of Maharashtra

...Respondent

• Mr. Milind Deshmukh, Advocate for the Applicant. • Mr. Rajan Salvi, APP for the State.

• Mr. R.N. Salunke, API, Wadgaon Nimbalkar Police Station. CORAM : SARANG V. KOTWAL, J.

DATE : 8th AUGUST, 2019 P.C. :

1.

The applicant is seeking anticipatory bail in connection with CR No. 324/19 registered at Wadgaon Nimbalkar Police Station under Sections 143, 147, 148, 326, 324, 323, 384, 342, 504, 506 read with 149 of the IPC.

2.

The FIR is lodged on 8th July 2019 by one Rahul Nanaware. He has stated in his FIR that he was in love with one Ashlesha Sutar, who was sister-in-law of the present applicant. The applicant did not approve of that relationship. On 7th July 2019, the applicant called the family members of the first informant to discuss the issue. When they reached applicant's house, the 1/3

informant, his mother and other family members were taken to a different room and they were assaulted with wooden sticks, iron rod and Axe. The mother of the informant had suffered fracture on her hand because of assault by handle of the Axe. Injured escaped somehow and thereafter this FIR is lodged.

3.

Heard, Mr. Deshmukh, learned counsel for the applicant and Mr. Salvi, learned APP for the State.

4.

Mr. Deshmukh submitted that one of the accused in this case himself had suffered serious injuries at the hands a member from the group of the first informant. He, therefore, submitted that because of such incident the cross FIR was lodged against the present applicant.

5.

Learned APP produced before me documents pertaining to the investigation carried out so far. Those documents contain the injury certificates of mother of the informant, informant himself and his uncle. The mother has suffered fracture on her hand. The uncle has suffered fracture on his jaw and the informant had suffered three contusions over scalp, nose and left hip. Thus, informant's case is supported by the medical evidence. The injured 2/3

were taken to a room and were severely beaten by the applicants and his family members. No case for anticipatory bail is made out. Custodial interrogation of the applicant is necessary. Hence, the application is rejected.

(SARANG V. KOTWAL, J.) 3/3