Rajesh Bhanudas Jadhav v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1727 OF 2021 1.

Rajesh Bhanudas Jadhav 2.

Sanjay @ Ajay Bapu Mali Applicants

Versus

The State of Maharashtra Respondent Mr. G.D. Jain, Advocate holding for Mr. N.L. Choudhari, Advocate for the applicants.

Mr. S.B. Narwade, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 6th JANUARY, 2022.

PER COURT :

1.

Heard.

2.

Prosecution case is that the informant had gone to the police station as his friend Naresh Gawali had gone there. When he came out of the police station, applicants and other accused assaulted him. Accused Lakhan assaulted the informant by means of a sickle on his head. Informant warded it off but the blow landed on his back. On these allegations, First Information Report came to

- 2 - be lodged on the basis of which offences under Sections 307, 143, 147, 149, 506 of the Indian Penal Code came to be registered against the applicants.

3.

Charge-sheet is yet to be fled. On perusal of the injury certifcate, it is seen that the informant had superfcial CLW over back admeasuring 4 cm in length. Having regard to the nature of the injury, prima facie, it appears that offence under Section 307 of the Indian Penal Code is not made out. From the investigation papers, it appears that entire investigation is complete. Only formality of fling of charge-sheet is left. Applicants have no criminal antecedents. They are permanent residents of Deopur, Dist. Dhule. In view of this, I am inclined to release the applicants on bail. Hence the following order :

ORDER

i) Application is allowed.

ii) Applicant No. 1 Rajesh Bhanudas Jadhav and applicant No. 2 Sanjay @ Ajay Bapu Mali be released on PR Bond of Rs.15,000/- (Rs. Fifteen Thousand) each with one solvent surety each in the like amount in connection with Crime No.

- 3 - 0179/2021 registered with Deopur Police Station, Dist. Dhule, for the offences punishable under Sections 307, 143, 147, 149, 506 of the Indian Penal Code, on condition that they shall not tamper the prosecution evidence, shall not pressurise the witnesses, shall not interfere the investigation and shall attend the concerned Police Station as and when required by the Investigating Offcer to do so. iii) Application stands disposed of.

( M. G. SEWLIKAR ) Judge dyb