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Bombay High CourtABA/1604/2022application allowed

Ganesh Ratilal Sonawane (Bhil) v. The State Of Maharashtra And Another

2022-12-14Hon'Ble Shri Justice N. B. Suryawanshi2 pages

916-ABA-1604-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1604 OF 2022 Ganesh Ratilal Sonawane (Bhil) .... Applicant

Versus

The State of Maharashtra and another .... Respondents ......

Mr. Mahendra Kochar, Advocate h/f Mr. B.R. Warammaa,for the Applicant Ms. P.V. Diggikar, APP for Respondents - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 14th December, 2022 ORDER :

1.

The applicant apprehends his arrest in connection with Crime No.0127 of 2022 registered with Shindkheda Police Station, District Dhule for the offences punishable under sections 307, 384, 326, 323, 341 read with 34 of the Indian Penal Code.

2.

Jayantrao Daulatrao Patil, hotel owner has lodged the FIR alleging that 4 accused persons, including applicant, assaulted his son on 08/06/2022.

3.

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

916-ABA-1604-22 4.

In the FIR, it is alleged that the applicant along with accused No.1 and other persons assaulted the injured with fist blows. Accused No.1 assaulted with knife. Injury certificate shows stab injury to the injured on back side, which is stated to be grievous, except that there are no other injuries. The offence is registered on 08/06/2022, i.e. prior to six months and investigation appears to be almost complete. 5.

In the light of aforesaid facts, pre-trial custodial detention of the applicant is not warranted. The applicant was granted interim protection, and he has co-operated in the investigation.

6.

The application is, therefore, allowed by confirming the interim order.

7.

Till filing of the charge sheet, the applicant shall attend the concerned police station as and when called by the investigating officer and co-operate in the investigation. The applicants shall not indulge in similar offence and shall not tamper prosecution evidence.

[ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane