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Bombay High CourtABA/831/2022application allowed

Sakharam Tukaram Ubale v. The State Of Maharashtra

2022-07-25Hon'Ble Shri Justice S. G. Mehare2 pages

29-ABA-831-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.831 OF 2022 SAKHARAM TUKARAM UBALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shrikishan S. Shinde APP for Respondent : Ms. V. S. Choudhari ...

CORAM :

S. G. MEHARE, J.

DATE :

25-07-2022 PER COURT :- Heard the learned counsel for the applicant and the learned APP for the respondent/State.

2.

This court has discussed the facts in detail in the order dated 12.07.2022. The prosecution would state that the two persons were injured. The applicant and the other co-accused created terror in the hospital and caused injuries to the first informant. Again the incident happened in the hospital on 03.06.2022, but the report was lodged on 06.06.2022.

3. In the FIR, there are no allegations of assault and use of a weapon at the hands of the accused. Therefore, the prosecution has nothing to recover from the applicant.

29-ABA-831-22.odt 4.

In the above facts and circumstances of the case, the application deserves to be allowed. Hence, the following order - i) The application is allowed.

ii) The interim protection granted to the applicant by order dated 12.07.2022 has been confirmed on the same terms and conditions of bail.

( S. G. MEHARE ) JUDGE rrd