Dilip Maruti Jamadar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:
2023.01.06 15:19:51 +0530 DIKSHA DINESH RANE ANTICIPATORY BAIL APPLICATION NO.3637/2022 DILIP MARUTI JAMADAR ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Wesley Menezes a/w. Mr. Anil Mishra for the applicant. Mr. N. B. Patil, APP for State.
PSI Khilare, Oshiwara Police Station.
------------ CORAM : M. S. KARNIK, J.
DATE : JANUARY 5, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for pre-arrest bail in respect of the offence under Sections 332, 353 of the Indian Penal Code registered vide First Information Report (FIR) No.0843/2022 with Oshiwara Police Station on May 31, 2022.
3.
It is alleged that there was a dispute over parking of a car. The complainant is a sweeper working with the Mumbai Municipal Corporation and he was working on the garbage 1/3
truck. The applicant wanted to remove his car. The garbage truck was obstructing his way. There was some heated exchange of words between the complainant and the applicant. The applicant got annoyed. He used a shaving blade to assault the complainant. Initially, the complaint was lodged against the unknown person. Later on, from the persons residing in the vicinity, it was found out that the applicant was the assailant. The complainant suffered simple injuries.
4.
Pursuant to the order passed by this Court the applicant has reported to the investigating officer. The incident happened in the spur of the moment. It is alleged that a shaving blade was used in the commission of the offence. Considering the nature of the allegations and injuries suffered by the complainant, that the applicant has reported to the investigating officer as directed, in the present case, the custodial interrogation of the applicant is not necessary. However, the applicant must further cooperate with the investigation. There are no criminal antecedents reported against the applicant.
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ORDER
(A) The application is allowed.
(B) In the event of arrest of the applicant-Dilip Maruti Jamadar in connection with FIR No.0843/2022 with Oshiwara Police Station, he shall be released on bail furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount. (C) The applicant shall report to the investigating officer of the concerned Police station on 9th, 10th and 11th January, 2023 between 11.00 a.m. and 3.00 p.m. The applicant shall thereafter report to the investigating officer as and when called.
(D) The applicant to co-operate with the Investigation Officer.
(E) The applicant shall furnish the details of his residential address and phone number to the investigating officer.
(F) The applicant shall not tamper with the evidence or give threat or inducement to any of the prosecution witnesses.
5.
The application is disposed of.
(M. S. KARNIK, J.) 3/3