Satish Sahebrao Patil v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1576 OF 2022 Satish Sahebrao Patil ...Applicant

Versus

The State Of Maharashtra And Another

...Respondents

Mr. A.B. Girase, Advocate for the applicant.

Mr. V.S. Badakh, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 21 st DECEMBER, 2022 ORDER :

1.

The applicant apprehends his arrest in Crime No. 47/2022 registered with Shripur City Police Station, Dhule, for the offences punishable under sections 143, 147, 148, 149, 324, 323, 326, 506 of the Indian Penal Code.

2.

In the First Information Report it is alleged by informant that seven accused persons including applicant rushed on him and assaulted him with fist blows and iron rod, due to which he suffered injuries to his left hand thumb. His father and brother who rushed to the spot to save him were also assaulted with fist blows. It is further alleged that applicant has parked his

{2} poclain, dumper and tractor on the plot belonging to informant. 3.

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

4.

In the First Information Report general and vague allegations are levelled against the applicant that seven accused persons in collusion came and assaulted informant. First Information Report is lodged on 21.01.2022. Supplementary statement of informant is recorded on 14.03.2022 wherein it is alleged that applicant with iron rod inflicted blow on the left hand of informant, due to which small finger of informant was injured. Injury certificate of informant shows swelling to the small finger of left hand and abrasion on left hand finger. Both injuries are stated to be simple injuries. Other injured i.e. father and brother of informant have also suffered simple injuries. Alleged weapon i.e. iron rod used in the crime is already recovered. Two accused persons namely Shrikant Chavan and Kailas Agrawal are released on anticipatory bail.

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Considering all these aspects and the fact that the investigation is almost complete, pre-trial custodial detention of the applicant is not necessary. The application is therefore allowed by confirming the interim order dated 25th November, 2022.

6.

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