Sachin Dilip Mudiraj v. The State Of Maharashtra

1 907-ABA-29-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.29 OF 2023 SACHIN DILIP MUDIRAJ

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Abhishek C. Deshpande, Advocate for Applicant Mr. A.V. Deshmukh, APP for Respondents - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 02nd MARCH, 2023 PER COURT :

1.

Applicant apprehends arrest in Crime No.700/2022, registered with M.I.D.C Waluj Police Station, Aurangabad, for offence punishable under sections 307, 323, 504 r/w 34 of the Indian Penal Code.

2.

FIR is lodged by Swati Babasaheb Girbone alleging that her husband Babasaheb Girbone has relations with a lady from their relatives. On 09/08/2022, at about 04:00 p.m. at Vitava Phata, applicant and his friend abused and assaulted Babasaheb with knife in the chest and abdomen. In the said assault, right hand finger of Babasaheb was injured. He was shifted to Ghati Hospital, Aurangabad and was operated there. Thereafter his wife has lodged the FIR.

3.

Heard learned advocate for applicant and learned SVH

2 907-ABA-29-23.odt Additional Public Prosecutor for State. Perused the investigation papers.

4.

Perusal of injury certificate reveals the injuries received by Babasaheb which are directly attributed to the present applicant. Weapon used in the crime is yet to be recovered. In that view of the matter, presence of the applicant is necessary for effective investigation.

5.

No case is made out for exercising discretion in favour of the applicant. Application is, therefore, rejected. (NITIN B. SURYAWANSHI, J.) SVH