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Bombay High CourtABA/1007/2023application allowed

Hari S/O Tukarm Berad v. The State Of Maharashtra

2023-07-21Hon'Ble Shri Justice R. M. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1007 OF 2023 Hari s/o Tukaram Berad Applicant

Versus

The State of Maharashtra Respondent Mr. R. A. Jaiswal, Advocate for the applicant. Mrs. G. L. Deshpande, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 21st JULY, 2023.

PER COURT :

1.

Applicant is apprehending arrest in connection with Crime No. 0125/2023 registered with Paradh Police Station, Tq. Bhokardan, Dist. Jalna, for the offence punishable under Sections 307, 323, 143, 144, 147, 148, 149, 504, 506 of Indian Penal Code. 2.

Informant has reported the incident occurred on 1st May, 2023 alleging that the applicant was standing infront of the house on road and on that count, dispute occurred between them. It is alleged

- 2 - that the applicant took a stick from the hand of one Kasabai and assaulted him on his head.

3.

Learned counsel for the applicant states that the applicant is schizophrenic patient and considering the nature of allegation against him, custodial interrogation of the applicant is not necessary. It is also stated that the alleged weapon used in the crime is already seized.

4.

Learned APP opposed the application by referring to the statements of witnesses and injury certifcate. 5.

Perusal of the First Information Report shows that the applicant was not having any weapon in his hand and that he took the stick from the hand of another person and had beaten the informant with the said stick on his head. The injury certifcate however shows incised would which is practically impossible by a stick. This fact creates doubt about the genuineness of the First Information Report. Apart from this, the stick is already seized by the police hence, custodial interrogation of the applicant is not necessary. Hence, application is allowed in terms of the interim

- 3 - order with a condition that the applicant shall appear before the Investigating Offcer once in a week till fling of the charge-sheet. ( R. M. JOSHI) Judge dyb