Chunilal Bhatugir Gosavi v. The State Of Maharashtra And Another

A.B.A. No.338/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.338 OF 2023 Chunilal s/o Bhatugir Gosavi ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. Suniket A. Kulkarni, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondents .......

CORAM :

R.G. AVACHAT, J.

DATE : 24th MARCH, 2023 PER COURT :

Heard. The applicant is alleged to have assaulted the informant with a sickle and caused grievous hurt in the nature of skull fracture.

2.

The F.I.R. has been lodged four days after the incident. It appears that, before the incident, there was an oral wrangle between the informant and the applicant over felling of a tree on the bandh separating their lands. It is informed that, the weapon of assault has been recovered. The applicant, in his

A.B.A. No.338/2023 :: 2 ::

statement, comes with a case that the informant has first picked up quarrel with him and even abused. Initially, the crime was registered for offence punishable under Section 324 of the Indian Penal Code. Later on, Section 307 has been invoked. The informant has been discharged from the hospital. In the given facts and circumstances, the application is allowed. The order dated 10/3/2023, granting ad-interim anticipatory bail to the applicant is made absolute.

3.

The applicant shall not tamper with the prosecution evidence and shall appear before the investigating officer as and when required for investigating purpose.

4.

The observations made herein are tentative in nature and the trial Court shall not be influenced by the same. (R.G. AVACHAT, J.) fmp/-