Anna Vithhal Randhawan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICTION NO. 2980 of 2018 Anna Vithhal Randhawan ...Applicant.

Vs.

The State of Maharashtra

...Respondent.

Mr. Rahul Kate for the Applicant.

Mr. Amit Palkar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 21st November, 2018 PC :

1.

This is an application under Section 439 of the Cr.P.C. for bail in CR No.580/2018 dated 27.9.2018 registered with Daund Police Station,District Pune under Section 324, 326,143, 147,148, 149, 504 and 506 of the Indian Penal Code.

2.

Heard the learned counsel appearing for the applicant and the learned APP. Perused the record.

3.

It is the allegation against the applicant that he assaulted the first informant with a 'fighter' on his nose. The Medical Certificate issued by Pyramid Hospital, Daund, Pune records that, there was a fracture to the nasal bone of the first informant namely Ajit Randhwan. During the course Page-1/3

of investigation the applicant came to be arrested on 16.10.2018 and the alleged fighter used in this crime has been recovered at his instance. 4.

The record indicates that, co-accused namely Kashinath Randhawan who has attributed with the role of assaulting the first informant with a handle of pickax has been granted anticipatory bail by this Court by its order dated 25.10.2018.

The applicant is 60 years of age and it appears from the record that, the present crime has taken place due to the enmity between the family members of the first informant and the family members of the applicant over the easementary road to the landed property and over the boundary of the said property. The record indicates that, the investigation of the present crime is practically completed. No fruitful purpose will be served by further keeping the applicant in incarceration. 5.

In view of the peculiar facts and circumstance of the case, I am inclined to release the applicant on bail,.

Hence, the following order.

a) The applicant be released on bail in CR No.580/2018 dated 27.9.2018 registered with Daund Police Station,District Pune on his Page-2/3

furnishing PR bond of Rs.25,000/-with one or two solvent locals sureties in the like amount.

b) After his release from Jail, he shall report to Daund Police Station on every first Monday of the month between 11.00 a.m. and 2.00p.m. c) The applicant shall also attend all the dates before the Trial Court. d) The applicant shall not tamper with the evidence and /or influence the prosecution witnesses.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-3/3