Mayur Anil Satpute And Antoher v. The State Of Maharashtra And Another
2024:BHC-AUG:7740 {1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 528 OF 2024 1.
Mayur Anil Satpute 2.
Narendra Balaji Satpute ....Applicants
VERSUS
The State Of Maharashtra And Another .....Respondents .....
Mr. V.D. Hon, Senior Advocate i/by. Mr. A.V. Hon Advocate for Applicants Mr. A.R. Kale, APP for Respondents .......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15th APRIL, 2024 ORDER :
1.
Applicants apprehend arrest in C.R. No. 61 of 2024, registered with Amalner Police Station, Dist. Jalgaon, for offences punishable under sections 307, 323, 143, 147, 148, 109, 504, 506, 336, 149 of Indian Penal Code. 2.
FIR is lodged by Yogesh Rajput alleging that on 17.02.2024 Mayur Satpute, Pankaj Satpute, Kalpesh Satpute, Bhushan Chougule, Nitin Satpute, Yash Satpute, Tejas Satpute and Narendra Satpute assaulted informant, his son Sumit and Lokesh and his maternal aunt's son Jayesh Pardeshi. Narendra Satpute assaulted with chopper on left arm and Mayur Satpute
{2} gave 3 to 4 blows of fighter on head. Bhushan assaulted with iron rod on parietal region.
3.
Heard learned Senior advocate for applicants and learned APP for State. Perused the investigation papers. 4.
According to applicants, they are falsely implicated in the present crime after they lodged FIR against Yogesh Rajput, Sumit Rajput, Mukesh Pardeshi, Rajesh Pardeshi and Lokesh Pardeshi, which is registered at C.R. No. 60/2024, under sections 307, 143, 147, 148, 149, 504, 506 of IPC. In that incident, Yogesh assaulted Kalpesh with gupti, due to which he received injury on stomach. Sumit Rajput assaulted Pankaj with knife on neck and right arm. Mukesh Pardeshi gave fighter blow on head of Anil Satpute. Rajesh Pardeshi assaulted with iron rod. In the said incident, Anil Satpute, Pankaj Satpute and Kalpesh Satpute received bleeding injuries.
5.
After arguing at length on merits, when this Court was not inclined to grant relief to applicant No. 1-Mayur Anil Satpute, learned advocate for applicants on instructions seeks permission to withdraw application of applicant No. 1- Mayur Anil Satpute. Permission granted. Application of applicant No. 1-
{3} Mayur Anil Satpute is dismissed as withdrawn. 6.
It appears that there was free fight between group of informant and applicants. In the said incident both the parties have received injuries. Perusal of injury certificate of informant reveals that he has received two contused lacerated wounds on occipital region. Prima facie, injuries attributed to Narendra Satpute are not there in the medical papers.
7.
Applicant No. 2- Narendra Satpute is stated to have been allotted election duty. Considering the peculiar facts, his over implication in the present crime cannot be ruled out at this stage. Since injuries attributed to Narendra Satpute are not there in the medical papers, he is entitled for relief. 8.
In the result, application is allowed.
9.
In the event of arrest of applicant No. 2- Narendra Balaji Satpute in connection with C.R. No. 61 of 2024, registered with Amalner Police Station, Dist. Jalgaon, for offences punishable under sections 307, 323, 143, 147, 148, 109, 504, 506, 336, 149 of Indian Penal Code, he be released on executing Personal Bond and Surety Bond of Rs. 15,000/- with one surety in the like amount.
{4} 10.
Till filing of charge sheet, applicant No. 2- Narendra Balaji Satpute shall attend the concerned police station as and when called by investigating officer and shall co-operate in the investigation. Applicant shall not tamper the prosecution evidence.
11.
Prosecution is at liberty to move for cancellation of bail granted to applicant No. 2 Narendra Balaji Satpute, in case any material is found during the course of investigation. [NITIN B. SURYAWANSHI, J.]