Sagar Shivaji Markande And Another v. The State Of Maharashtra

{1} 906-ABA-1573-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1573 OF 2022 Sagar Shivaji Markande And Another ...Applicants

Versus

The State Of Maharashtra & Another

...Respondents

Mr. S.E. Shekade, Advocate for the applicants. Mrs. R.P. Gour, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18 th JANUARY, 2023 ORDER :

1.

The applicants apprehend arrest in Crime No. 344/2022, registered with Ashti Police Station for offence punishable under section 143, 147, 148, 307, 326, 324, 323, 504, 504, 506 read with 149 of the Indian Penal Code. 2.

FIR is lodged by Bhushan Mehere against 6 accused persons alleging that accused persons assaulted him with iron rods and stick. It is alleged that present applicants assaulted with plastic sticks on his back and thigh.

Bhagyawant Punde

{2} 906-ABA-1573-2022 3.

Heard the learned advocate for the applicants and learned Additional Public Prosecutor for respondents. Perused the investigation papers.

4.

Injury certificate does not support the allegations of the prosecution against the present applicants. There are no corresponding injuries which can be attributed to the present applicants. The applicants were granted interim protection and directed to co-operate in the investigation. The applicants have attended the police station and have co-operated in the investigation. Plastic sticks allegedly used by the present applicants are recovered. Pre-trial custodial detention of the applicants in the facts of the present case is not warranted. Applicant No. 1 is in private service and applicant No. 2 is a student. The applicants, therefore, deserve protection. 5.

In the result, application is allowed by confirming the the interim protection.

6.

Till filing of charge sheet, applicants shall attend the concerned police station as and when called by the investigation officer. The applicants shall not tamper prosecution evidence. [NITIN B. SURYAWANSHI, J.] Bhagyawant Punde