Vishal Baliram Mhatre v. The State Of Maharashtra

DDR 1 931. cri.ba 2995-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2995 OF 2018 Vishal Baliram Mhatre ... Applicant Vs.

The State of Maharashtra ... Respondent ...............

Mr. Rahul Karnik for the applicant.

Mr. P.P. Shinde, APP for State.

Mr. B.K. Jadhav, PSI, Wadkhal Police Station. ...............

CORAM : M.S. KARNIK , J.

(Vacation Court) Date : 14th November, 2018.

P.C. :

Heard learned Counsel for the applicant.

2.

This is an application for bail by the applicant/original accused No.4 in respect of C.R.No.98 of 2018 registered with Wadkhal Police Station for the offences punishable under Section 326, 504, 506, 323, 147, 148, 307 of the Indian Penal Code. 3.

It is the case of the informant Revati Krishna Mhatre that the applicant and his family members assaulted Krishna Mhatre over a

DDR 2 931. cri.ba 2995-18.doc dispute relating to drain water which is percolating in the property of the informant Revati Krishna Mhatre. The applicant and the informant are the neighbours. FIR reveals that it is Hemant Mhatre who has assaulted Krishna Mhatre on his head. The alleged offence is outcome of the quarrel which took place between the informant and the family members of the applicant. The role attributed to the applicant is that he has assaulted Krishna Mhatre by fist and kick blows. 4.

The applicant is in custody from 16th October, 2018. I have seen the supplementary statement of the complainant recorded on 17th October, 2018. In the supplementary statement the complainant reiterates that the applicant along with others assaulted Krishna Mhatre by fist and kick blows. In the said supplementary statement also it is alleged that Hemant Mhatre has assaulted Krishna Mhatre on his head by means of spade.

5.

In this view of the matter, considering the role of the applicant I am of the opinion that further custody of the applicant is not necessary. Hence the following order.

O R D E R

(i) The applicant be enlarged on bail on his furnishing P.R. Bond of Rs. 15,000/- with one or more

DDR 3 931. cri.ba 2995-18.doc sureties in the like amount in respect of C.R.No.98 of 2018 registered with Wadkhal Police Station for the offences punishable under Section 326, 504, 506, 323, 147, 148, 307 of the Indian Penal Code.

6.

The Application is disposed of.

(M. S. KARNIK, J.)