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Bombay High CourtABA/2721/2022allowed

Shubham Ashok Mandhare And ANR v. State Of Maharashtra

2022-10-04Hon'Ble Shri Justice Prakash D. Naik3 pages

Digitally signed by VINA ARVIND KHADPE Date:

2022.10.11 14:36:53 +0530 VINA ARVIND KHADPE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2721 OF 2022 Shubham Ashok Mandhare and anr ...Applicants

Versus

The State Of Maharashtra

...Respondent

....

Mr. Vishal Kolekar a/w Mr. Shubham Kadam, Advocate for the Applicant.

Mr. N. B. Patil, APP for the Respondent - State. Mr. A. V. Kamble, HC 1908 Saswad Police Station, Pune (R) present.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

4th OCTOBER, 2022.

PER COURT :

1.

The applicants apprehend arrest in CR No.329 of 2022 registered with Saswad Police Station, District Pune, on 7th August, 2022 for the offence punishable under Sections 324 and 504, 506 read with Section 34 of the Indian Penal Code. 2.

The prosecution case is that on 5th August, 2022 there was altercation on issue of road measurement and distribution of property. There was incident of assault. The co-accused Ashok Vitthal Mandhare had assaulted the brother of the complainant by stick. The FIR was registered under Section 324 of the Indian Penal Code. Subsequently, offence punishable under Section 326 of the

Indian Penal Code was invoked. The role attributed to the applicants are that they caught hold of hands of brother of complainant.

3.

Learned counsel for the applicant submitted that there are no antecedents against the applicants. They are willing to cooperate in investigation.

4.

Learned APP submitted that the injury suffered by the injured was grievous in nature and therefore Section 326 was invoked. The investigation is in progress.

5.

Considering the overt act attributed to the applicants, their custodial interrogation is not required.

6.

Hence, I pass following order :

:: ORDER ::

(i) In the event of arrest of the applicants in connection with CR No.329 of 2022 registered with Saswad Police Station, District Pune, the applicants be released on Bail on executing PR Bond in the sum of Rs.20,000/-each with or more sureties in the like amount.

(ii) The applicants shall report the investigating officer on 12th , 13th and 14th October, 2022 between 11.00 am to 1.00 pm and thereafter as

and when till filing of chargesheet.

(iii)Criminal Anticipatory Bail Application is disposed of.

(PRAKASH D. NAIK, J.)