Balaji Gangadhar Kannewad v. The State Of Maharashtra

2024:BHC-AUG:30228

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 BAIL APPLICATION NO. 1981 OF 2024 BALAJI GANGADHAR KANNEWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. B. Bhimrao APP for Respondent-State: Mr. A.A.A. Khan Advocate for assist to PP : Mr. A. R. Duore & Mr. A. A. Suryawanshi ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18.12.2024 P.C. :

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and advocate for assist to PP.

2] The applicant is seeking bail as he was arrested on 27.09.2024 in connection with Crime No. 300/2023 dated 9.12.2023 registered with Dharmabad Police Station, Taluka Dharmabad Dist. Nanded, for the offences punishable under sections 326, 323, 504, 506 read with 34 of Indian Penal Code.

3] The learned counsel for the applicant submits that as per the case of the informant he was assaulted by four accused persons. The applicant being one of the

accused sought anticipatory bail application before the Sessions Court. After dismissal of the anticipatory bail application by the Sessions Court, the applicant approached this Court. The applicant was protected by this Court by an interim order dated 27th March 2024. Thereafter, the applicant withdrew the anticipatory bail application on 13th August 2024. Thereafter he surrendered on 27th September 2024 and since then he is in custody.

4] The specific allegation against the applicant is that he used a wooden stick to hit on the left hand of the informant, causing fracture to the finger of the left hand. The investigation in the matter is complete and the chargesheet is filed. The applicant is in custody for three months and other three co-accused are granted bail. There are other injuries on the informant by the other accused similar to the one attributed to the applicant. Considering that, the others are granted bail, I hold that the applicant also deserves to be granted bail.

5] In view of the above, the application is allowed in the following terms :

a] The applicant shall be released on bail in connection with Crime No. 300/2023 dated 9.12.2023 registered with Dharmabad Police Station, Taluka Dharmabad Dist. Nanded, for the offences

punishable under sections 326, 323, 504, 506 read with 34 of Indian Penal Code, on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant shall not enter the jurisdiction of Dharmabad Police Station, Dist. Nanded during pendency of the trial except on the date of trial and a day prior thereto.

c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

6] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE PRW