Bunty @ Sagar Raju Koli v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2720 OF 2017 Bunty @ Sagar Raju Koli ... Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr. M.R.Bhokarikar, advocate for the applicant Mr. A.S.Shinde, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 14th JULY, 2017 O R D E R :

Heard Mr. Bhokarikar, learned counsel appearing for the applicant and Mr. Shinde, learned A.P.P. for the respondent.

2.

One Sandip Ashok Yashod lodged complaint to the police station alleging that on 11.2.2017 at about 11.00 p.m. when he was proceeding from his house in front of house of his brother, at that time the present applicant and other eight accused persons caught hold him and assaulted him with stick and iron rod. Another accused Pramod and Kailas were holding sticks in their hand. Due to the reason of quarrel between eight months the

afore said two accused namely Pramod and Kailas abused the informant on his caste and all the accused persons assaulted him with stick on his back, legs, hands and face and ran away.

3.

Learned counsel appearing for the applicant points out the injury certificate and the nature of injuries sustained by the informant and injured witness Akash More. From the same, it appears that the informant has sustained following injuries.

Contusion on back, Nasal bleed with fluid normal, Black eye (Left), Abrasion on both elbow and Abrasion on both knee.

The injured More sustained following injuries.

Abrasion on left parietal region, contusion on left region.

4.

Looking to the nature of injuries, it appears that all the injuries sustained by the informant and injured witness are simple in nature. The allegations against present applicant are vague about assault by stick and rod. No specific role is attributed to the present

applicant.

5.

During the course of investigation, the accused was arrested and his blood stained clothes were recovered. Learned A.P.P. submits that the blood detected on his clothes is of the applicant himself. Looking to the fact that practically the investigation is over and charge sheet is filed, present applicant can be released on bail.

6.

Hence, the following order.

(i) Criminal Application is allowed.

(ii) The applicant be released on bail in connection with Crime No. 21 of 2017, registered with Ramanand Nagar police station, Jalgaon, on his furnishing P.R. bond of Rs. 20,000/- with one solvent surety in the like amount.

(iii) Applicant shall not tamper with the evidence of prosecution in any manner.

(iv) Applicant shall attend the concerned police station on every Sunday between 12.00 noon to 2.00 p.m. for a period of three months.

7.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm