Rahul Laxman Dhaware v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 BAIL APPLICATION NO.1178 OF 2023 RAHUL LAXMAN DHAWARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shinde Manoj Dharmaraj. APP for Respondent-State : Ms. V. N. Patil-Jadhav. ...

CORAM : S. G. MEHARE, J.

DATE : 04.08.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail in Crime No.439 of 2023, registered with MIDC Police Station, District Latur, for the offences punishable under Section 307 read with Section 34 of the IPC, Sections 4 and 27 of the Arms Act and Section 135 of the Maharashtra Police Act.

3. The role attributed to the applicant is that he assaulted the injured with sickle on his leg. The medical certificate shows that the injured was not willing for investigation, treatment and also admission. The weapon allegedly used by the applicant was referred to the Medical Officer and he opined

that CLW and other serious injuries may be possible by the said weapon. However, the medical report is silent whether the injuries allegedly caused by the sickle were grievous or simple. The weapon allegedly used in the crime has been recovered. The applicant is a young boy of 25 years having no antecedents to his discredit. The material investigation against him has been completed. The further detention of the applicant would serve no purpose. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant RAHUL LAXMAN DHAWARE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, in Crime No.439 of 2023, registered with MIDC Police Station, District Latur, for the offences punishable under Section 307 read with Section 34 of the IPC, Sections 4 and 27 of the Arms Act and Section 135 of the Maharashtra Police Act, on the following conditions :

(a) The applicant shall not tamper with the prosecution witnesses.

(b) He shall attend the Police Station as and when called by the Investigating Officer on written notice till filing the charge sheet.

(S. G. MEHARE, J.) ...

vmk/-