Sunil Dattatray Dabhade And Others v. The State Of Maharashtra
973-BA-1141-2022.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 1141 OF 2022
1. Sunil Dattatray Dabhade
2. Anil Dattatray Dabhade
3. Valmik Karbhari Wani ... Applicants
Versus
The State of Maharashtra ... Respondent ....
Mr. B. A. Husale, Advocate for applicants Mr. A. V. Deshmukh, APP for respondent - State ....
CORAM : R. G. AVACHAT, J.
DATED : 12th AUGUST, 2022 PER COURT :- .
This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.0247/2022, registered at Shirdi Police Station, District Ahmednagar, for the offences punishable under Sections 307, 323, 504, 506 read with 34 of the Indian Penal Code.
(( 2 )) 973-BA-1141-2022 2.
Heard. Perused the First Information Report (FIR) and related papers.
The FIR has been lodged by the victim himself on 30.05.2022. It is alleged therein that the informant and one Dattatray Dabhade were loading the tractor with manure. The applicants Sunil, Anil and Walmik came there and questioned the informant as to why did they take their father for work. Applicant Sunil assaulted the informant on his neck with a sickle, while the other applicants assaulted him with sticks. When the informant's wife intervened, she too was not spared. On hearing the cries, neighbours gathered, thereupon the applicants fled.
3.
The learned APP would submit that it was a bid on the life of the informant. He suffered neck injury, on vital part of the body. Investigation is still underway. He, therefore, urged for rejection of the application.
4.
The incident is dated 30.05.2022. About 2 1⁄2 months have passed, the applicants are in jail. The injury certificate indicates him to have suffered simple injury. It will take time for completion of investigation and resultant commencement and conclusion of trial.
(( 3 )) 973-BA-1141-2022 Considering the nature of offence, this Court is inclined to grant the application. Hence, following order:
O R D E R
(i) The Bail Application is allowed.
(ii)The applicants be released on bail in connection with Crime No.0247/2022, registered at Shirdi Police Station, District Ahmednagar, for the offences punishable under Sections 307, 323, 504, 506 read with 34 of the Indian Penal Code, on their executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with surety bond each of the like amount.
(iii)The applicants shall attend the concerned Police Station once a week i.e. on every Sunday between 12.00 noon and 1.00 p.m. for next six months.
(iv)The applicants shall not tamper with the prosecution evidence.
[ R. G. AVACHAT, J. ] SMS