Vithal Ishwardas Dhawale And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 ANTICIPATORY BAIL APPLICATION NO.1390 OF 2021 1.

Vithal s/o Ishwardas Dhawale Age 24 years,Occu: Student ...

Applicant 2.

Harudas Parsram Dhawale Age 35 years, Occu: Agri 3.

Ramdas Parsram Dhawale Age 45 years, Occu: Agri All R/o Chibchala Tq. Bhokar, Dist. Nanded.

VERSUS

The State of Maharashtra, Through Police Inspector Bhokar Police Station, Dist. Nanded ...

Respondent Mr. Santosh Bhosale, Advocate for the applicants, Mr. A. S. Shinde, A.P.P. for the State.

CORAM

: PRAKASH D. NAIK, J.

DATE : 13th December, 2021 ORDER:

1.

The applicants are apprehending arrest in Crime No. 224/2021 registered with Bhokar Police Station, District Nanded for the offence under sections 307, 324, 447, 506 r/w 34 of the Indian Penal Code.

2.

Case of the prosecution is that the applicant and co-accused Ishwardas Dhawale had assaulted the complainant. Role of assault is

attributed to all of them. Major injury caused to the complainant is fractures to the 8th, 9th and 10th Ribs with CLW on occipital region with multiple contusions. Assault was by spade, kick and fist blows. Father of the applicant is arrested and he is granted regular bail. Applicant nos. 2 and 3 are uncles of applicant No.1. Applicant No.1 forwarded a complaint to the Police on 31st May,2021 that the opponents are likely to falsely implicate his father in false case.

3.

Learned Advocate for the applicants submitted that applicant No.1 is student. He is pursuing his study of Diploma in Taxation Law. Admission card has been annexed to this application. There are no criminal antecedents. His father was arrested and granted bail. 4.

Learned APPP submits that all the accused have played equal role. They are named in the FIR. Injuries sustained by the injured are grievous.

5.

Since the court is not inclined to grant relief in fvour of applicant Nos. 2 and 3, learned counsel for the applicants, on instructions, seeks permission to withdraw the application of applicant Nos. 2 and 3. However, since the applicant No.1 is student and pursuing study and considering factual aspects relief can be granted to him.

6.

Hence, I pass the following order :-

O R D E R

i.

Anticipatory Bail Application of Applicant Nos. 2 and 3 is disposed of as withdrawn.

ii.

Anticipatory Bail Application of Applicant No.1 Vitthal Ishwardas Dhawale is allowed;

iii. In the event of arrest of applicant No.1 in Crime No. 224/2021 registered with Bhokar Police Station, District Nanded, applicant No.1 Vitthal Ishwardas Dhawale be released on bail on executing PR bond in the sum of Rs. 20,000/- with one or more sureties in the like amount;

iv.

The applicant shall attend the investigating officer on 21st, 22nd and 23rd December, 2021 between 11.00 a.m. to 1.00 noon and thereafter as and when called for till filing of the charge sheet. v.

The applicant shall not tamper with the evidence. 7.

Anticipatory Bail Application No. 1390/2021 stands disposed of accordingly.

(PRAKASH D. NAIK, J.) JPC