Shankar S/O Ganpati Nalabe v. The State Of Maharashtra And Another

941-ABA-1042-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1042 OF 2023 SHANKAR S/O GANPATI NALABE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S. C. Bhosle APP for Respondents: Mr. S. P. Sonpawale ...

CORAM:R.M. JOSHI, J DATE :AUGUST 23, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 193 of 2023 registered with Bhokar Police Station, Tq. Bhokar, Dist. Nanded for the offences punishable under Sections 143, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code and Sections 4 and 25 of the Arms Act.

2.

During the course of hearing it is revealed that there are disputes between the parties and that allegation against present Applicant is of causing simple injury to the informant. Perusal of the police papers does not show that any attempt was made by the Applicant herein to cause injury with the sharp side of the sword. This clearly disclose no intention on the

941-ABA-1042-2023.odt part of the Applicant to cause serious injury to the informant.

3.

Having regard to these facts and also in view of the fact that there are dispute between parties, over implication of the Applicant cannot be ruled out. Hence, application is allowed by confirming order dated 05th July, 2023 with a condition that Applicant shall attend concerned police station once in fortnight till filing of the charge-sheet. For the purpose of recovery, if any, the Applicant shall be treated in the police custody.

(R.M. JOSHI, J.) Malani