Pandurang Balasaheb Ghadge v. The State Of Maharashtra

2023:BHC-AUG:26276

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 492 OF 2023 Pandurang Balasaheb Ghadge

VERSUS

The State Of Maharashtra Mr. S. D. Kotkar, Advocate for the applicant Mr. M. K. Goyanka, APP for the respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 13th DECEMBER, 2023 P.C. :- 1.

Applicant apprehends arrest in connection with Crime No. 74/2023 registered with Shevgaon Police Station, Tal. Shevgaon, Dist. Ahmednagar for the offences punishable under Sections 143, 147, 323, 324, 327, 341, 504, 506 of IPC.

2.

First informant reported incident occurred on 29/01/2023 in which according to them on account of overtaking of the vehicles an incident occurred in which he was abused and assaulted by driver of the truck.

3.

Learned counsel for the applicant submits that the name of the applicant is not reflected in the first information report. However, he is referred therein as Rama. According to him there are no specific 914.aba492.23.odt

allegations against him of causing actual assault. He, therefore, seeks confirmation of interim relief.

4.

Learned APP opposed the application by relying upon the statement of the informant and witnesses so also injury certificate placed on record. 5.

Perusal of the first information report shows that name of the applicant is not reflected therein. The driver of the truck is said to be Rama and against him no specific overt act has been alleged. In any event considering the nature of injuries caused to the informant the offence cannot travel beyond Section 324 of IPC. In view of this, applicant's liberty was protected by order dated 11th April, 2023. There is nothing to show that he has abused the liberty. Hence, application is allowed in terms of interim order dated 11th April, 2023. (R. M. JOSHI, J.) ssp 914.aba492.23.odt