Balasaheb @ Bablu Suryakant Ambore v. The State Of Maharashtra

2024:BHC-AUG:26082 965-ba-1868-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1868 OF 2024 Balasaheb @ Bablu Suryakant Ambore

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Salunke Vasant Digambarrao APP for Respondent/State : Mr. S.B. Pulkundwar ...

CORAM : S.G. MEHARE, J.

DATED : OCTOBER 22, 2024 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant seeks bail in Crime No.133 of 2024 registered with Talkalas Police Station, District Parbhani for the offences punishable under Sections 307, 324, 326, 336, 504, 34 of the Indian Penal Code.

3.

The FIR reveals that the quarrel is the outcome of the measurement of the land. The applicant and co-accused raised an objection that the measurement was not as per the law. In the heat of exchange of words, the applicant lifted the stone from the spot and assaulted the injured on head. The injured has been discharged from the hospital. The applicant has a case that his father also suffered injuries in the incident. Cross FIR is also lodged against the injured and first informant. The way in which the incident happened is

965-ba-1868-2024.odt (2) material. The applicant was not armed with weapon before the incident happened. As they had hot exchange of words, a stone lying on the spot was picked up and pelted on the head of the injured. All these circumstances raises a question whether the applicant had an intention to commit the offence punishable under Section 307 of the Indian Penal Code. The material investigation against the applicant has been completed. He is languishing in jail for sufficient time. Hence, he deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Balasaheb @ Bablu Suryakant Ambore, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that ; (a) The applicant should not tamper with the prosecution witnesses.

(b) The applicant should attend the police station as and when called on written notice by the investigation officer till filing the charge sheet.

(S.G. MEHARE, J.) Mujaheed//