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Bombay High CourtABA/529/2024application allowed

Ravindra Kashinath Chemte v. The State Of Maharashtra And Another

2024-10-08Hon'Ble Shri Justice R. M. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 935 ANTICIPATORY BAIL APPLICATION NO. 529 OF 2024 Ravindra Kashinath Chemte ....Applicant

VERSUS

The State of Maharashtra & another .....Respondents .....

Mr. Y. V. Kakde, Advocate for Applicant.

Mr. P. K. Lakhotiya, APP for the State.

Mr. S. S. Jadhav, Advocate for the informant. CORAM : R. M. JOSHI, J.

DATE : 8th OCTOBER, 2024.

PER COURT :

1.

Applicant apprehends arrest in connection with Crime No. 0120/2024 registered with Shevgaon Police Station, Dist. Ahmednagar for the offences punishable under Sections 307, 327, 341, 323, 143, 147, 149, 504 of the Indian Penal Code. 2.

First Informant Anil Chemte reported the incident occurred on 10.02.2024 at about 8.00 to 9.00 am at Antarwali. It is alleged that present Applicant and co-accused abused and assaulted him. There is allegation against the Applicant that he caught hold of the informant and co-accused tried to administer poisonous substance to him.

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Learned counsel for the Applicant submits that the brother of the Applicant had lodged First Information Report in Crime No. 129/2024 registered with Pathardi Police Station in respect of the incident occurred on 10.02.2024 at 8.30 pm. It is submitted that in the said incident, present Applicant had sustained fracture injury. To substantiate said submission, he has placed reliance on the copy of charge-sheet filed in the said crime which indicates that the present Applicant sustained two fracture injuries to his hand. It is his submission that if the Applicant had sustained fracture injuries to his hand it is impossible that he could caught hold the informant to facilitate co-accused to administer poisonous substance to him. 4.

Learned APP and learned counsel for the informant opposed the application.

5.

Perusal of the record indicates that two incidents occurred on 10.02.204, one in the jurisdiction of Pathardi Police Station and another in the jurisdiction of Shevgaon Police Station. Charge-sheet filed in respect of Crime No. 129/2024 registered with Pathardi Police Station indicates that on 10.02.2024 Applicant had

- 3 - sustained fracture injuries to his hand in the incident occurred at about 8.00 am. If it is so, question of he catching hold of the informant to facilitate administration of poisonous substance does not arise. Suffice it to say that involvement of present Applicant shown in the First Information Report could be by way of a counter blast. Hence, application is allowed in terms of the interim order. ( R. M. JOSHI) Judge dyb