Annasaheb Govind Kanwade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 627 OF 2022 Annasaheb Govind Kanwade ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Ms. S.G. Sonawane, Advocate for applicant Mr. V.S. Badakh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 14th JULY, 2022 PER COURT :

1.

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicant has been arrested in connection with Crime No. 33 of 2022 registered with Akole Police Station, Dist. Ahmednagar for the offences punishable under Sections 307, 323, 324, 504, 506 read with Section 34 of the Indian Penal Code.

2.

Heard. Perused First Information Report ("F.I.R." for short) and related police papers.

3.

The F.I.R. has been lodged by the victim himself on 20th January, 2022 of the incident on the same day. The incident occurred on account of 1 / 3

dispute over the right of way. The applicant herein assaulted the informant with a stick. The injury certificate indicates the informant to have suffered four injuries. One of them on his head. Initially he was referred to the Primary Health Center, Akole. The medical officer there issued certificate indicating the nature of injuries to be simple. 4.

The informant - victim was, therefore, referred to Pravara Rural Hospital, Loni. The certificate issued therefrom indicates one of the injuries to be serious one. It is however informed that the victim got discharged from the said hospital after fourth day of the incident. The applicant has been behind the bars for over six months. It will take time for trial to commence and taken to it's logical conclusion. True, the applicant has criminal antecedent. By imposing certain conditions, a care thereof can be taken of. 5.

In view of above, the application deserves to be allowed. Hence I pass the following order :-

ORDER

(I) The bail application is allowed.

(II) The applicant be released, in connection with Crime No. 33 of 2022 registered with Akole Police Station, Dist. Ahmednagar for the offences punishable under Sections 307, 323, 324, 504, 506 read with Section 34 of the Indian Penal 2 / 3

Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (III) The applicant shall not tamper with the prosecution evidence.

(IV) The applicant shall not enter the village Lingdeo, Tq. Akole, Dist. Ahmednagar for six months.

( R.G. AVACHAT, J. ) SSD 3 / 3