Kiransing Ratansing Chavan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 BAIL APPLICATION NO.1306 OF 2021 KIRANSING RATANSING CHAVAN

VERSUS

THE STATE OF MAHARASHTRA Shri. Anandsingh Bayas, Advocate with Shri. D. R. Markad, Advocate for the applicant Shri. S. D. Ghayal, APP for the respondent/State CORAM : M. G. SEWLIKAR, J.

DATED : 25th NOVEMBER, 2021 PER COURT :- 1.

Heard.

2.

The allegations against the applicant are that on 9th July, 2021 at about 8.30 p.m. applicant demanded Rs.500/- from informant Sanjusingh Ajabsing Bawari for drinking liquor. Informant refused to oblige the applicant. Therefore, applicant abused the informant. At 9.30 p.m. applicant along with other accused went to the house of the informant. Applicant was armed with a sword and the remaining accused were armed with rod and pipes. Applicant with intent to kill the informant attempted a blow of sword on the head of the informant. Informant warded of that

blow but sustained injury on his hand and right ear. On these allegations FIR came to be registered for the offence punishable under Sections 307, 143, 147, 148, 149, 324, 323, 504, 506 of the Indian Penal Code and under Sections 4, 25 of the Indian Arms Act.

3.

Mr. Markad, learned counsel h/f Shri. Bayas, learned counsel for the applicant submits that all the accused have been released on bail except the applicant. He submits that the injuries suffered during the incident are minor in nature. They have been discharged from the hospital and no further complications are reported in the health condition of the informant.

4.

Learned APP Shri. Ghayal submits that offence is serious in nature and therefore, applicant may not be released on bail.

5.

Charge-sheet is filed. Injury certificates are placed on record. They show that the informant had sustained simple injuries. Other accused whose role was identical with the applicant have been released on bail by

the Sessions Court. Having regard to this, I am inclined to release the applicant on bail. Hence the order.

ORDER

1.

Application is allowed.

2.

Applicant be released on bail on his furnishing PR bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount in connection with CR No. 213 of 2021 under Sections 307, 143, 147, 148, 149, 324, 323, 504, 506 of the Indian Penal Code and under Sections 4, 25 of the Indian Arms Act registered with Basmat Police Station, Dist. Hingoli.

3.

Application is disposed of.

[M. G. SEWLIKAR, J.] ssp