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Bombay High CourtABA/2848/2022disposed off

Dnyaneshwar Hiru Patil And ANR v. State Of Maharashtra

2022-10-13Hon'Ble Shri Justice N. R. Borkar2 pages

4-ABA-2848-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2848 OF 2022 1.

Dnyaneshwar Hiru Patil 2.

Sagar Baliram Thakur ...

Applicants

Versus

The State of Maharashtra through Rasayani Police Station ...

Respondent .........

Mr. Nitin Sejpal alongwith Ms. Akshada Desai for the Applicants. Ms. P.P. Shinde, APP for the State.

API G.B. Balwadkar, Rasayani Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 13 OCTOBER 2022 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicants are apprehending their arrest in Crime No. 177 of 2022 registered at Rasayani Police Station, for the offence punishable under Sections 143, 147, 148, 149, 307, 324, 323, 452, 504, 506 and 427 of Indian Penal Code.

3.

According to the prosecution, on 22nd September 2022, the present applicants alongwith the other co-accused assaulted Sudhir Ramesh Shelar on account of previous dispute. Kanchan P Dhuri 1 / 2

4-ABA-2848-2022.odt I have heard the learned Counsel for the applicants and the learned APP for the State and perused the First Information Report. 5.

The allegations against the present applicants are that they assaulted injured on his shoulder and back.

6.

I have perused the injury certificate. There are in all three injuries (i) sutured wound, (ii) contusion on left forearm and (iii) abrasion on back parietal area. Head injury is not attributed to the present applicants and it is attributed to co-accused Rajesh Patil. Other injuries are simple in nature. There are no criminal antecedents. Considering this facts and circumstances, I am inclined to grant anticipatory bail to the present applicants. Hence, the following order : i) Application is allowed.

ii) In the event of arrest, applicant No.1 - Dnyaneshwar Hiru Patil and applicant No.2 - Sagar Baliram Thakur in connection with Crime No. 177 of 2022 registered at Rasayani Police Station, for the offence punishable under Sections 143, 147, 148, 149, 307, 324, 323, 452, 504, 506 and 427 of Indian Penal Code, they shall be released on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each with one surety in the like amount. (iii) The applicants shall attend the concerned police station on every alternate day between 11.00 a.m. to 2.00 p.m. for a period of two weeks from 16th October 2022 and shall co-operate in the investigation. ( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2022.10.14 13:03:24 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2