Avishkar Laxman Jadhav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2407 OF 2019 Avishkar Laxman Jadhav ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr. R.G. Panchal a/w A.R. Kori a/w Mr. N.J. Somwanshi, Advocates for the Applicant.

Mr. S.R. Aagarkar, A.P.P. for the Respondent-State. Mr. Sagar Shingate, P.S.I., Mulund Police Station. ...

CORAM : SANDEEP. K. SHINDE, J.

DATE : 26 th NOVEMBER 2019.

P.C.

1.

Heard learned counsel for the applicant and learned A.P.P. for the Respondent - State.

2.

Applicant is seeking his enlargement on bail in Crime No. I 472 of 2018 registered with the Mulund - Police Station, for the alleged offences punishable under Sections 307, 326, 324, 504, 506 read with 34 of the Indian Penal Code, 1860.

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3.

It is alleged on 8th November 2018, in scuffle, the applicant inflicted injury on the right arm of Hitesh by Knife and also injured Vinayak on head by a blunt object. In the scuffle, three persons suffered injuries; Harshad, Hitesh and Vinayak. Injury certificates of the injured shows, Harshad has suffered four grievous injuries but this applicant has not been attributed role causing injuries to Haresh. Injuries suffered by Vinayak are in the nature of CLW-R on temporal region. Medical certificates issued by the Corporation shows, Vinayak was treated in the hospital in outpatient department and probable cause is blow of a blunt object.

4.

The applicant is in custody since 08.11.2018. In view of the role attributed to the applicant and the nature of injuries allegedly caused to Vinayak. Applicant is directed to be released on bail. Learned APP submits that there are no criminal antecedents against the applicant. The trial is not likely to commence the near future and presence of this accused 2/4

can be secured for trial by imposing conditions. 6.

Thus, the following order ;

O R D E R

(i) The applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with the one or more sureties in the like amount;

(ii) The applicant shall cooperate in the investigation and report to the concerned police station, twice a month on 1 st and 15 th day of succeeding month till the charge framed;

(iii) The applicant shall furnish particulars of his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, within a week from his release on the bail to the Investigating Officer;

(iv) The applicant shall not tamper with the 3/4

evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

7.

The application is disposed of in the aforesaid terms and conditions.

8.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order.

(SANDEEP. K. SHINDE, J.) 4/4