Suresh Sampat Sasane And Another v. The State Of Maharashtra And Another

1 10-ABA-1642-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1642 OF 2022 SURESH SAMPAT SASANE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Mahendra P. Gandle, Advocate for Applicants Mr. A. V. Deshmukh, APP for Respondents - State Mr. Y. K. Bobade, Advocate for Informant ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 02nd JANUARY, 2023 PER COURT :

1.

Applicants apprehend arrest in Crime No.0470/2022, registered with Georai Police Station, Beed, for offences punishable under Sections 307, 143, 147, 148, 149, 341, 323, 506 of the Indian Penal Code.

2.

FIR is lodged by Yogesh Kadam alleging that on account of dispute regarding playing songs in Ganesh Immersion Procession, on 06/09/2022, at 09:30 p.m. accused Lakhan assaulted informant with sword and accused Madhukar assaulted with big knife. Present applicants Suresh @ Sunny and Ganesh assaulted him with wooden log on leg, stomach and hand and accused Kishor assaulted with iron rod.

SVH

2 10-ABA-1642-22.odt 3.

Heard learned advocate for applicants, learned advocate for informant and learned Additional Public Prosecutor for respondents - State. Perused the investigation papers. 4.

The injury certificate shows that informant has suffered two CLW on right scapular and left scapular regions, one injury is simple, while another is grievous. He has also suffered fracture to the scapula.

5.

So far as the role attributed to present applicants is concerned, there are no corresponding injuries reflected in the injury certificate. Applicants, therefore, deserve protection. 6.

Application is allowed by confirming interim order dated 02/12/2022. Till filing of charge-sheet, applicants shall attend concerned police station as and when called by Investigating Officer and shall cooperate in the investigation. Applicants shall not tamper prosecution evidence.

(NITIN B. SURYAWANSHI, J.) SVH