Charudatta Sambhaji Phadtare v. The State Of Maharashtra And ANR

2023:BHC-AS:35667

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3422 OF 2023 CHARUDATTA SAMBHAJI PHADTARE ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS Mr. Satish Muley a/w Mr.Mosin Naik, for the Applicant. Ms. Veera Shinde, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : DECEMBER 01, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under sections 307, 506(2), 323, 504 read with 34 of the Indian Penal Code, 1860 registered on 14/09/2023 vide C.R. No.529 of 2023 with N.M.Joshi Marg police station. 3.

There are in all 2 accused. The applicant is the accused no.2 who is 62 years of age. It is alleged that the applicant has assaulted his brother's wife (sister-in-law). The sister-in-law has suffered simple injuries. It is the allegation that even the applicant's son has assaulted the daughter-in-law of his uncle. The applicant was arrested on 1/3

14/09/2023. The investigation is complete. The chargesheet has been filed. There are no criminal antecedents reported against the applicant. In the facts and circumstances of the present case and looking at the nature of the injuries sustained, the applicant can be enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Charudatta Sambhaji Phadtare in connection with C.R. No.529 of 2023 registered with N.M.Joshi Marg police station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

(d) The applicant shall attend the investigating ofÏcer of N.M.Joshi Marg police station as and when called. (e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The 2/3

applicant shall not tamper with evidence.

(f) On being released on bail, the applicant shall furnish his contact number and residential address to the investigating ofÏcer and shall keep him updated, in case there is any change.

(g) The applicant shall not enter Jigna Apartment, Curry Road till further orders of the trial Court.

(h) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(i) The applicant shall surrender his passport, if any, to the investigating ofÏcer.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3