Mauli @ Ketan Ramdas Kolte v. The State Of Maharashtra
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2139 OF 2016 Mauli @ Ketan Ramdas Kolte ...Applicant vs The State of Maharashtra
...Respondent
.....
Mr Satyavrat Joshi for the Applicant Mr S.S.Pednekar, APP for the Respondent/State. .....
CORAM : SMT SADHANA S.JADHAV, J.
25 NOVEMBER, 2016 P.C. :
Heard. This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 5 June, 2016 in Crime Registration No. 426 of 2016 registered at Lonikand Police Station. The investigation is completed and charge-sheet is filed against the accused. It is the case of the prosecution that on 5 June, 2016, Sandesh Katke, who was admitted in Lifeline Hospital, disclosed to the police that on 2 June, 2016, he along with his cousin had been to My Fitness Gym. Some boys i.e. Sachin Shinde, Nikhil Patil and Ram Gone were having casual talk with the coach of said gym. Sachin and others presumed that they were taunting them. On 5 June, 2016, it is alleged that the present applicant and others had been outside the office of the first informant. Pg 1 of 3
They entered into his office. They broke glass and thereafter had mounted assault upon him. He has sustained grievous injuries. The role attributed to the present applicant is that, he has assaulted the first informant with sickle. Perused the injury certificate which shows that the first informant had sustained incised wounds on left parietal area and described as simple injuries. He has sustained contusion and abrasions. He has also sustained fracture of the left frontal bone. The investigation is completed and chargesheet is filed. Learned APP submits that the applicant is being prosecuted for the offence Punishable under Section 307 of the Indian Penal Code in C.R. No.129 of 2015 registered at Lonikand Police Station, and therefore, he does not deserve to enlarge on bail.
In the present case, the injury certificate does not corroborate with the allegations levelled against the applicant. Thus the applicant deserves to be enlarged on bail upon imposing certain stringent conditions. Hence, the order.
ORDER
The application is allowed;
The applicant be enlarged on bail on furnishing his P.R. Bond in the sum of Rs.50,000/- with one or more solvent local sureties in the like amount. The applicant shall not reside within the jurisdiction of Pg 2 of 3
Haveli Taluka till the conclusion of trial;
The application is disposed of accordingly.
( SMT SADHANA S.JADHAV, J. ) Pg 3 of 3