Dashrath Bhagwan Ghadage v. State Of Maharashtra

2023:BHC-AS:29696 7 aba 2433-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2433 OF 2023 Dashrath Bhagwan Ghadage ..Applicant.

v/s.

State of Maharashtra ..Respondents Mr. Chaitanya Pendse i/b. Chaitanya Malgaonkar for the Appellant/Applicant.

Mr. S.V.Gavand, APP for the Respondent-State. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 6th OCTOBER, 2023 .

P.C.

1.

This is the second application for pre-arrest bail in Crime No. 12 of 2023 registered with Karmala Police Station, Solapur for the offences punishable under Section 143, 144, 147, 148, 149, 324, 326, 427, 452, 504, 506 r/w. 149 of the Indian Penal Code.

2.

The previous bail application ABA/781/2023 was dismissed by this Court on merits by order dated 15th March, 2023. Learned Counsel for the applicant has not been able to show any change in the circumstances, but has merely contended that it was well within the knowledge of the prosecution that the son of the applicant was not present at the place of the incident. It is also stated that the fact that P P SALGAONKAR

7 aba 2433-23.doc there was civil dispute between the parties was not brought to the notice of the Court. A perusal of the order dated 15.03.2023 reveals that the fact that there was civil dispute between the parties was very well brought to the notice of the Court. This court, after considering the material on record and the medical report recorded that the applicant had assaulted Shahaji with hockey stick and that Shahaji had sustained 03 fractures,. It was also recorded that the complainant Dhanaji had sustained had sustained CLW on skull and Balkrishna had sustained CLW and other injuries. No case is made out to entertain the second bail application. The application is rejected. (ANUJA PRABHUDESSAI, J.) P P SALGAONKAR