Vishal Laxman Chowdhary And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2789 OF 2022 Vishal Laxman Chowdhary And Anr.

...Applicants

Versus

The State Of Maharashtra

...Respondent

....

Mr. Shailesh Chavan, Advocate for the Applicant. Mr. Rohan Hogle, Advocate for the Invervenor/Complainant Mr. Maharudra Shirgavi, Original complainant present in Court. Ms. P. N. Dabholkar, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

12th October, 2022.

PER COURT :

1.

This is an application for Bail in C.R. No.1368 of 2022 registered with Chakan Police Station, Satara for offences punishable under Sections 307, 326, 324, 504 and 506 registered with 34 of the Indian Penal Code. The FIR was registered on 28th August, 2022. 2.

The complainant has alleged that, he saw some persons quarreling with each other. He intervened. The said persons were consuming beer. One of them questioned complainant for intervening and gave a fist blow on his face. There was bleeding. Thereafter, another person wearing Blue T-shirt gave a blow of beer bottle on his head which resulted in head injury. The other persons assaulted with fist and kick blows.

3.

Learned Advocate for the applicant submits that, the role attributed to the applicants is that they assaulted the injured with fist and kick blows. The person armed with beer bottle is arrested and he is in custody. The co-accused Mahi Rupesh Shinde who has allegedly assaulted complainant with fist/kick blows has been granted bail by the lower Court.

4.

Learned APP submitted that, overt act is attributed both the applicants. Learned Advocate for the complainant supported the prayer for bail. On instructions from the complainant present in court, it is submitted that, the complainant have no objection for granting bail. 5.

In the light of the overt act attributed to the applicant and the fact that, further custody is not required bail can be granted to them.

ORDER

(i) Criminal Bail Application No. 2789 of 2022 of is allowed; (ii) The applicants are directed to be released on bail in connection with C.R. No.1368 of 2022 registered with Chakan Police Station on furnishing P.R. Bond in the sum of Rs.20,000/- each with one or more sureties in the like amount. (iii) Applicants are permitted to furnish cash bail in the sum of Rs.20,000/- for eight weeks in lieu of surety.

(iv) The applicant shall report concerned Police Station once in a three months on first Saturday between 11:00 a.m. to 1:00 p.m. till further order.

(v) Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)