Chandrashekhar @ Shekhar Hanumantha Gudle And ORS. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2175 OF 2019

1. Mr. Chandrashekhar @ Shekhar Gudle

2. Mr. Bharatkumar Sudhamrao Pawar

3. Mr. Gajanan Rames Gosavi ... Applicants

Versus

The State of Maharashtra ... Respondent .....

Mr. Sumeet Vankadkar a/w. Mr. Ryhaan Jabali and Sana Khan, for the Applicants.

Mr. S. S. Pednekar, APP for the Respondent - State. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 3rd MARCH, 2021.

PC :

.

The applicants are apprehending arrest in connection with C.R.No.152/2019 registered with R.C.F. Police Station, Mumbai for offences under Sections 326, 504, 506 read with 34 of Indian Penal Code.

2.

The grievance of the complainants is that, on 8th June 2019, he was accosted by the accused. The applicants had abused him and gave blow by bamboo stick on his head. His associate Satish Shetty and Bharat Pawar assaulted him by bamboo and stump. Gajanan

Gosavi was assaulted by stump on his thigh. The applicants also assaulted by stump which has resulted in injury below his left eye. There was fracture to the bone and his tooth was broken. The F.I.R was registered on 24th June 2019.

3.

From the applicants side, F.I.R. was registered on 8th June 2019. The injured Shyam Shinde has been named as accused in this F.I.R. It is alleged that on 8th June 2019, Satish Shetty, applicants and his friends were together. They were abused by Akshay Sawant. Shyam Shinde came there. He was armed with sword. He threatened the complainant and others.

4.

Leared APP submitted that the complainant in the present case had received four injuries out of which three injuries are simple and one was grievous. The grievous injury related to broken tooth of complainant.

5.

Although the incident had occurred on 8th June 2019. The F.I.R was registered belatedly on 24th June 2019. F.I.R. was registered from the applicants' side immediately. In view of the aforesaid circumstances, the applicants need not be subjected to custodial interrogation.

6.

Hence, the following order.

O R D E R

(i) Anticipatory Bail Application No.2175 of 2019, is allowed.

(ii) In the event of arrest of the applicants in C.R.No.152/2019 registered with R.C.F. Police Station, Mumbai, the applicants be released on bail on executing P.R. bond in the sum of Rs.25,000/- each with one or more sureties each in the like amount;

(iii) The applicants shall appear before the investigating officer as and when called for; (iv) Anticipatory Bail Application No.2175 of 2019, stand disposed of accordingly.

7.

Secretary/Personal Assistant of this Court. All concerned will act on (PRAKASH D. NAIK, J.)