Sachin Sudam Pardeshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2209 OF 2019 Sachin Sudam Pardeshi .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Satyavrat Joshi i/b. Nitesh Mohite, Advocate for the Applicant. Mr. S. H. Yadav, APP for the State/Respondent. Mr. G. J. Dhamane, API, Chakan Police Station, present. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 10th OCTOBER, 2019 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No. 1259 of 2019 registered with Chakan Police Station, Pune. During the pendency of Anticipatory Bail Application No.452 of 2019 pending before the Court of Sessions, Khed-Rajgurunagar, Pune, the applicant has preferred this application because his prayer for interim protection during the pendency of application before the Court of Sessions at Pune was rejected vide order dated

05/10/2019.

2.

The FIR is lodged by one Mandar Deshmukh. He has stated that on 29/09/2019 because of some quarrel in some function at around 1.30p.m., the applicant and his co-accused Mandar Pardeshi confronted the first informant Mandar Deshmukh and assaulted him with iron rods and wooden stick. This incident occurred at 3.30p.m. On these allegations, the FIR was lodged U/s.307, 326, 341, 504, 506 and 427 r/w. 34 of the IPC. 3.

Heard Shri. Satyavrat Joshi, learned counsel for the applicant and Shri. Yadav, learned APP for the State. 4.

Shri. Joshi submitted that the applicant himself was assaulted by the informant and others, due to which, he had suffered grievous head injury. The applicant has lodged FIR vide C.R.No. 1264 of 2019 at Chakan police station U/s.324, 294, 504 and 506 r/w. 34 of the IPC. He relied on the injury certificate and photographs, showing his injury, annexed to this application. He

submitted that the applicant himself has suffered grievous injury on head. The police are taking side of the first informant in C.R.No.1259 of 2019. He prays for limited protection till the application before the Sessions Court is decided. Learned APP produced before me the injury certificate in respect of injury suffered by the informant and others. Since the application is pending before the Court of Sessions, Pune, it would not be proper to comment on the merits of this case. However, considering the nature of the injury suffered by the applicant, no prejudice will be caused if the applicant is protected for a limited period till the application before the Court of Sessions is decided. The learned Judge shall decide that application on its merits independently. 5.

Hence, the following order :

O R D E R

(i) Till the decision of applicant'

s application for Anticipatory Bail bearing No.452 of 2019 pending before the learned Additional Sessions Judge at Khed-Rajgurunagar, Pune, in the event

of his arrest in connection with C.R. No. 1259 of 2019 registered with Chakan Police Station, Pune, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(ii) Application stands disposed of accordingly. (SARANG V. KOTWAL, J.)