Prakash Subhash Patil And Another v. The State Of Maharashtra

25-ABA.369.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.369 OF 2023 PRAKASH SUBHASH PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ---- Mr.S.B.Kadu, Advocate for applicants Mr.A.A.Jagatkar, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 19, 2023 ORDER :- Heard.

2.

Learned counsel for the applicants submits that the incident was a fall-out of the quarrel that arose between the informant and applicants over Bandh dispute. He further submits that the applicants have also lodged FIR against the informant and his family members. He would further submit that exaggerated version has been introduced in the FIR.

3.

Learned APP has placed on record the papers of investigation so far made. The applicant - Dilip has assaulted the informant with an axe handle. The injury certificate indicates the informant to have suffered two fractures, necessarily grievous in

25-ABA.369.2023 nature. As such, this Court was not inclined to grant relief to the applicant - Dilip.

4.

So far as regards the role of applicant - Prakash, he is alleged to have assaulted the informant with fists and kicks. Considering his role in the alleged offence, the order dated 16.03.2023, granting interim relief to applicant - Prakash, is hereby made absolute.

5.

The prayer of applicant - Dilip for grant of anticipatory bail, is rejected.

6.

The application stands disposed of accordingly. [R.G. AVACHAT, J.] KBP