Yashwant Balu Shinde And ANR v. The State Of Maharashtra

914-BA-3035-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3035 OF 2022 1] Yashwant Balu Shinde 2] Annaso Darrayappa Balu Shinde ...

Applicants

Versus

The State of Maharashtra ...

Respondent .........

Mr. Satyavrat Joshi alongwith Mr. Mitesh Mohite instructed by Mr. Ashish Vernekar for the Applicants.

Mr. P.H. Gaikwad Patil, APP for the State.

PSI Mahesh Gaikwad, Jath Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 4 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicants came to be arrested in Crime No. 295 of 2022 registered at Jath Police Station, Sangli for the offences punishable under Sections 307, 326, 324, 323, 143, 145, 147, 148, 149, 504, 506 of Indian Penal Code.

3.

I have heard the learned Counsel for the applicants and the learned APP for the State.

Kanchan P Dhuri 1 / 2

914-BA-3035-2022.odt 4.

The complainant and applicants are relatives. There appears to be dispute between the parties on account of some landed property. According to the prosecution, on the day of incident, which took place on 2 June 2022, dispute arose between the parties as the applicants were constructing staircase of their house in land owned by the complainant to which he objected. According to the prosecution the present applicants and other co-accused, thus, got annoyed and assaulted to the complainant and his sons.

5.

The applicants are in jail for more than six months. The investigation is over and the prosecution has filed the charge-sheet. Primafacie the incident does not appear to be premeditated. Considering these facts, I am inclined to release the applicants on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicants - 1] Yashwant Balu Shinde and 2] Annaso Darrayappa Balu Shinde be released on bail in Crime No. 295 of 2022 registered at Jath Police Station, Sangli for the offences punishable under Sections 307, 326, 324, 323, 143, 145, 147, 148, 149, 504, 506 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.01.20 14:20:45 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2