Shashikant Sakharam Patil v. The State Of Maharashtra And Another
2024:BHC-AUG:16755 -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 965 ANTICIPATORY BAIL APPLICATION NO. 1048 OF 2024 Shashikant Sakharam Patil
VERSUS
The State of Maharashtra and another ...
Advocate for Applicant : Mr. Girish S. Rane APP for Respondents: Mr. N.B. Patil .....
CORAM : SHIVKUMAR DIGE, J.
DATED : 1st AUGUST, 2024.
PER COURT :- 1.
The applicant apprehends arrest in connection with crime No. 19 of 2024 registered with Marwad Police Station, district Jalgaon, for the offences punishable under Sections 326, 323, 143, 147, 148, 149, 294, 504, 506, 427 of I.P.C. and under Sections 37(1)(C) and 135 of Maharashtra Police Act.
2.
It is the prosecution's case that on 21.2.2024 around 7.30 p.m. the informant and his wife were assaulted by the applicant and coaccused with iron bar and wooden stick on the ground of dispute in respect of passage. The allegations against the applicant are that he assaulted the wife of the informant with iron bar on her head and other parts of the body.
-23.
It is the contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. The allegations against the applicant are that he assaulted the informant's wife with iron bar but no injury is sustained by the wife of the informant in the said quarrel. The police have recovered the iron bar used in the crime. Considering the allegations against the applicant, his custodial interrogation is not required and requested to allow the application.
4.
It is the contention of the learned APP that the applicant was a part of the group who assaulted the informant and his wife and son with iron bar and wooden stick. Learned A.P.P. further submitted that in the said assault, the informant, his wife and son sustained injuries. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application. 5.
I have heard both the learned counsel. Perused the F.I.R. and the police papers produced on record. The allegations against the applicant are that he assaulted the wife of the informant with iron bar on her head and other parts of the body. The injury certificate of the wife of the informant produced on record shows that she had suffered simple injuries. Considering the allegations against the applicant and that the weapon used in the crime has been recovered by the police,
-3the custodial interrogation of the applicant is not required and I pass the following order :-
O R D E R
(i) The application is allowed.
(ii) In the event of arrest of the applicant in connection with crime No. 19 of 2024 registered with Marwad Police Station, district Jalgaon, for the offences punishable under Sections 326, 323, 143, 147, 148, 149, 294, 504, 506, 427 of I.P.C. and under Sections 37(1) (C) and 135 of Maharashtra Police Act, the applicant be released on executing personal bond in the sum of Rs.20,000/- with one surety of the like amount, on the following condition :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer. (SHIVKUMAR DIGE, J.) rlj/