Balaji Sadashiv Sasane And Another v. The State Of Maharashtra And Another
2024:BHC-AUG:24605
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1622 OF 2024
1. Balaji Sadashiv Sasane
2. Prathamesh Balaji Sasane
VERSUS
The State of Maharashtra and another Mr. G. L. Kedar, Advocate for the applicants Mrs. D. S. Jape, APP for the respondent/State
CORAM
: R. M. JOSHI, J.
DATE : 10th OCTOBER, 2024 PER COURT :- 1.
Applicants apprehend arrest in connection with Crime No. 310/2024 registered with Ahmedpur Police Station, Dist. Latur for the offences punishable under Sections 307, 452, 143, 147,148, 149, 504, 506 of the IPC.
2.
First informant reported incident occurred on 09/05/2024 at 9.00 a.m. It is stated therein that he received phone call from his wife about accused having entered the house of the informant and causing assault on the members of the family. There is allegation against the other accused of causing assault on the informant with rod. He sustained injuries to his head as well as fracture injury was also caused. Similarly, witness Suraj was assaulted by co-accused Shubham with a piece of tile
on his face. As far as present applicants are concerned, there is allegation against them that they used stick in the said assault. 3.
Learned counsel for the applicants submits that as per the report of the Investigating Officer two sticks are already seized and as such custodial interrogation of the applicants is not necessary. He makes statement that applicants have no criminal history behind them. 4.
Learned APP opposed the application by submitting that here is the case wherein the applicants and along with the co-accused entered the house of the informant and caused assault on the members of the family. She drew attention of the Court to the four injuries certificates indicating that one of the injured had sustained grievous injury. 5.
There is no dispute about the fact that the alleged sticks used in the crime are seized. As such, this Court finds substance in the contention of the learned counsel for the applicants that their custodial interrogation is not necessary. Moreover having regard to the facts of case and since applicants do not have any criminal history, appropriate direction to them to co-operate in the investigation would be sufficient for further investigation if remained to have been conducted. Hence, the application is allowed. Hence, the order.
ORDER
(i) In the event of arrest of applicants in connection with Crime No. 310/2024 registered with Ahmedpur Police Station, Dist. Latur for the offences punishable under Sections 307, 452, 143, 147,148, 149, 504, 506 of the IPC, they shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one solvent surety in the like amount each.
(ii) They shall not contact the witnesses directly or indirectly.
(iii) They shall not interfere with the evidence in any manner whatsoever.
(iv) They are further directed to cooperate the investigating agency for further investigation. (v) Learned APP to communicate this order forthwith to concerned police station.
(R. M. JOSHI, J.) ssp