Lahu Chandrakant Jadhav v. The State Of Maharashtra

2024:BHC-AUG:4148 {1} 41-ABA-1769-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1769 OF 2023 Lahu Chandrakant Jadhav ....Applicant

VERSUS

The State Of Maharashtra .....Respondent .....

Mr. Dinesh Manwatkar h/f Mr. S.S. Randive, Advocate for applicant.

Mr. D.B. Bhange, APP for respondent-State.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 26 th FEBRUARY, 2024 ORDER :

1.

Applicant apprehends arrest in C.R. No. 104 of 2023, registered with Pimpaldari Police Station, Taluka- Gangakhed, Dist. Parbhani, for offences punishable under sections 304 r/w. 34 of the Indian Penal Code and under sections 3, 4, and 5 of Explosive Substances Act.

2.

FIR is lodged by Narayan Kirmide alleging that he wanted to dig well in his agricultural land Gut No. 84 for which contract of digging and blasting was given to Lahu Jadhav and Ramesh Jadhav. On 08.07.2023, at about 9.25 pm, he received information that Sambhaji and Lahu both got injured in the blast of gelatin sticks used in the blasting of well. Accordingly, he reached to the spot. There he learnt that while Sambhaji was checking the blasting wires and Lahu was helping in the same, Bhagyawant Punde

{2} 41-ABA-1769-2023 suddenly there was blast in the well and both of them got injured.

3.

Heard learned advocate for applicant and learned APP for respondent-State. Perused the investigation papers. 4.

Applicant has suffered fracture on right and left tibia. He was hospitalized and has undergone treatment. It also appears that implant was required to be inserted in his heel. Applicant was granted interim protection and has co-operated in the investigation. Investigation appears to be on the verge of completion. Taking into consideration the allegations in the FIR and investigation papers and as applicant himself has suffered injuries in the blast and since nothing is to be recovered from him, pre-trial custodial detention of applicant is not necessary. 5.

In the result, application is allowed by confirming the interim protection granted on 27.10.2023.

6.

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

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde