Dadasaheb Kantilal Shejal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 ANTICIPATORY BAIL APPLICATION NO.1428 OF 2021 DADASAHEB KANTILAL SHEJAL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rode Dilip B.

APP for Respondent State: Mr. A. S. Shinde

CORAM

: PRAKASH D. NAIK, J.

DATE : 17th December, 2021 ORDER:

1.

This is an application for anticipatory bail. The applicant is apprehending arrest in Crime No.656/201 registered with Shrigonda Police Station, District Ahmednagar for the offence under sections 323, 326, 324, 504, 506 of the Indian Penal Code. The First Information Report (for short "FIR") was registered on 21.09.2021. 2.

The case of the prosecution is that on 21.09.2021, one unknown person and the applicant had assaulted the complainant. They were under the influence of liquor. The applicant had assaulted by sickle. Blow was given on his thumb and head. He was treated in the Hospital. Initially, offence is registered under sections 323, 324, 504, 506 IPC. On receipt of medical opinion, section 326 was added. 3.

Learned counsel for the applicant submitted that injuries are not serious. Injury near thumb cannot be caused by sickle. The injure on the head is of simple nature.

4.

Learned APP relied upon the injury certificate which refers to the fact that injured has sustained grievous injury on right hand/thumb and CLW over left side occipital area of head. Medical certificate supports the version of the complainant.

5.

Submission of learned APP deserves to be accepted. Specific role has been /assigned to the applicant. Version of the complainant corresponds to the injuries sustained by him. No case for grant of anticipatory bail is made out.

6.

Anticipatory Bail Application is rejected.

(PRAKASH D. NAIK, J.) JPC