Sonya @ Hrishikesh Rama Kurde v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 67 OF 2022 Sonya @ Hrishikesh Ramakurde ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Pravada Raut for the Applicant.
Mr. A. A. Palkar, APP for the State.
****** CORAM : VINAY JOSHI, J.
DATE : 29th APRIL, 2022 P.C. :- .
The applicant is seeking regular bail in Crime No. 144 of 2021 registered with Rajarampuri Police Station, Kolhapur for the offence punishable under Sections 307, 326, 323, 353, 332 and 427 read with Section 34 of Indian Penal Code and Section 3 of Prohibition of Damage of Public Property Act.
2.
Besides other grounds, it is canvassed that the role of applicant is restricted to the extent of pelting stone on the informant Police. The State opposed bail by submitting that a Police Officer on duty has sustained the injury. Likewise, it is contended that there are three antecedents.
3.
It is prosecution case that informant Police Constable while proceeding on road, came across one injured person, on enquiry, it was informed that he has been beaten by four assailants. Informant immediately went to the place and saw applicant and three others.
Informant was knowing all of them, since several offences were registered against them. Informant stated that they were members of gang headed by co-accused Chinya Haldkar. At that time, co-accused Chinya Haldkar tried to assault informant by means of weapon whilst applicant throw stone, which caused injury at informant's neck. Another co-accused also caused serious injury to one Saurabh Belvankar a passer by.
4.
The role of accused is restricted to causing injury at the neck of the informant by means of throwing stone. Perusal of injury certificate discloses that the informant sustained a blunt trauma on left side of neck. Medical Officer has categorized injury as of simple nature. Having regard to the restricted role of applicant, he can be released on bail, since, investigation is already complete. In view of that following order :-
ORDER
(a) The applicant namely Sonya @ Hrishikesh Ramakurde in connection with Crime No.144 of 2021 registered with Rajarampuri Police Station, Kolhapur for the offences punishable under Sections 307, 326, 323, 353, 332 and 427 read with Section 34 of Indian Penal Code and Section 3 of Prohibition of Damage of Public Property Act, be released on bail, on his furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount. (b) The applicant shall attend the concerned Police Station on every alternate Sunday between 10:00 a.m. to 12:00 noon for the period of one year.
(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.
(d) Application stands disposed in above terms.
[VINAY JOSHI, J.] by BIPIN DHARMENDER PRITHIANI Date:
2022.05.04 11:26:34 +0530 BIPIN DHARMENDER PRITHIANI