Sanjay Pannalal Wagh And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 BAIL APPLICATION NO.1402 OF 2020 1.

Sanjay Pannalal Wagh 2.

Deelip s/o Pannalal Wagh ...Applicants versus The State of Maharashtra

...Respondent

...

Advocate for Applicants : Mr. Avhad Abhijeet P. APP for Respondents: Mr. A.A. Jagatkar .....

CORAM : V. K. JADHAV, J.

DATED : 18th DECEMBER, 2020 PER COURT:- 1.

The applicants are seeking bail in connection with crime No. 271 of 2020 registered with Phulambri police station, District Aurangabad for the offences punishable under Sections 326, 324, 341, 143, 147, 148, 149, 323, 504, 506 of I.P.C. Their bail application bearing No. 1498 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge, Aurangabad vide order dated 22.10.2020.

2.

Heard both sides.

3.

It appears that the applicants are neighbours of the informant. As per the allegations made in the complaint, the applicant No.1 has borrowed certain amount from the mother-in-law of the informant and

-2the mother-in-law of the informant had insisted for repayment of the said amount and in lieu of that insisting applicant No.1 to sell his house. It appears that the incident had occurred on account of said dispute. Though the informant Sunita has sustained six injuries on her person, however, except one injury, all injuries are simple in nature. The informant Sunita has sustained grievous injury on the middle finger of her right hand. So far as witness Kapil is concerned, though he has sustained simple injuries on his person, he has sustained one grievous injury on his right leg. The injuries on the person of Jayabai, who happened to be the mother-in-law of the informant, is concerned, she had sustained simple injuries.

It appears that the grievous injuries on the persons of the informant Sunita and witness Kapil are not on the vital parts of their bodies. There is no criminal history. The investigation is almost over for all practical purposes and the formality of filing of charge sheet is only remained. Learned A.P.P. has also submitted that the investigation is over and the charge sheet will be submitted soon. The applicants are in jail since 30.9.2020. Thus, considering the entire aspects of the case, I am inclined to grant bail to applicants on certain conditions.

O R D E R

I.

Application is hereby allowed.

II.

The applicant No.1 Sanjay Pannalal Wagh and applicant No.2

-3Deelip Pannalal Wagh, in connection with crime No. 271 of 2020 registered with Phulambri police station, District Aurangabad for the offences punishable under Sections 326, 324, 341, 143, 147, 148, 149, 323, 504, 506 of I.P.C. be released on bail on furnishing personal bond of Rs.15,000/- each with one surety each of the like amount on following conditions:- a) The applicants shall not tamper with the prosecution evidence in any manner.

III.

Application is disposed of.

IV.

Registry to issue authenticated copy of this order to the requesting party.

( V. K. JADHAV, J.) rlj/