Changadev Chandrabhan Gawande v. The State Of Maharashtra And Another

2024:BHC-AUG:19 {1} 909-ABA-1466-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1466 OF 2023 Changadev Chandrabhan Gawande ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. M.R. Khutwad, Advocate for applicant.

Mr. N.B. Patil, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 3 rd JANUARY, 2024 ORDER :

1.

Applicant is accused in Crime No. 621/2023, registered with Newasa Police Station, Ahmednagar for offences punishable under sections 307, 326, 325, 324, 143, 147, 148, 149, 504, 506 of Indian Penal Code and under section 4 and 25 of Arms Act. It is alleged in the FIR that on 04.06.2023, applicant along with nine co-accused assaulted the informant and others with axe, iron rod, wooden sticks etc. FIR came to be registered on 05.06.2023.

2.

Heard the learned advocate for applicant and learned APP for respondents. Perused the investigation papers. Bhagyawant Punde

{2} 909-ABA-1466-2023 3.

It is alleged in the FIR that applicant assaulted Dnyaneshwar with stick on his leg. Injury certificate reveals that Dnyaneshwar has suffered blunt trauma over left hand, which is a simple injury. Other accused was allegedly participated in the assault, and they are stated to be arrested and released on regular bail.

4.

Admittedly, there is a civil dispute between the parties. Applicant is protected vide order dated 07.09.2023 and he has co-operated in the investigation. Learned advocate for applicant states that in the last month charge sheet is filed in the present matter. Considering the role attributed to applicant and injury certificate, and as charge sheet is filed, custodial interrogation of applicant is not necessary.

5.

Application is allowed in terms of interim order dated 07.09.2023.

6.

Applicant shall regularly attend the trial. Applicant shall not tamper the prosecution evidence and shall not indulge in any criminal activity.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde