Shrikant Mahadeo Chavan v. The State Of Maharashtra
2024:BHC-AUG:18998
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 931 BAIL APPLICATION NO. 1412 OF 2024 SHRIKANT MAHADEO CHAVAN
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Prashant Madhav Nagargoje. APP for Respondent-State : Mr. A. S. Shinde.
...
CORAM : S. G. MEHARE, J.
DATE :
22.08.2024 PER COURT :- 1.
Heard the learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant seeks bail in Crime No.213 of 2024, registered with Anandnagar Police Station, District Osmanabad, for the offences punishable under Sections 109, 115(2), 189, 191(2), 190, 352, 351, 352(2), 351(3) of the B.N.S. and under Section 4/25 of the Arms Act. 3.
It has been alleged against the applicant that complainant had quarrel with the applicant. Therefore, the applicant called him at 8.00 p.m. He went there to settle the dispute happened in the afternoon. However, instead of settling the dispute, the applicant started beating the
complainant. He caused him injuries by a sickle. The applicant was arrested on 23.07.2024. Since then, he is behind bar. 4.
The learned counsel for the applicant submits that the applicant has been falsely implicated in the crime. Before this report, his wife had lodged the report against the complainant for outraging her modesty. He did not assault him. The material investigation has been completed. The injured has been discharged from the hospital. The sickle allegedly used in the crime has also been recovered from him. There are no antecedents to his discredit. Hence, he may be granted bail. 5.
The learned APP submits that the applicant was prepared to commit the offence. Hence, he has brought the deadly weapon like sickle and assaulted the injured with intent to kill him. Considering the nature of the dispute, it would be harmful to release the applicant at this juncture. Hence, he may not be granted bail.
6.
Perused the papers. There are counter reports against each other. The injured has suffered the injury. However, he has been discharged from the hospital. The weapon allegedly used in the crime has also been seized. So, practically no investigation remained to be done against the applicant. In the
facts and situation, his detention would serve no purpose. Hence, the following order :
O R D E R
(i) Bail Application is allowed.
(ii) Applicant SHRIKANT MAHADEO CHAVAN 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, on the following conditions :
(a) The applicant should not tamper with the prosecution witnesses.
(b) He should attend the Police Station as and when called on written notice by the Investigating Officer till filing of the charge sheet.
(c) He should not contact the injured or any member of his family in any mode or manner till conclusion of the trial.
(S. G. MEHARE, J.) ...
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