Vinod Somaji Jadhav v. The State Of Mah. Thr. Pi Mehkar Ps, Mehkar, Dist. Buldhana And Another.

2024:BHC-NAG:2429

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 87 OF 2024 Vinod Somaji Jadhav V/s State of Maharashtra and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.H. Hiwale, counsel for the applicant.

Mr. Suraj Hulke, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 27/02/ 4.

1.

Apprehending the arrest at the hands of Police in respect of Crime No. 637/2023 registered with Police Station Mehkar, District Buldhana for the offence punishable under Sections 143, 147, 148, 324, 323, 504, 506 and 326 read with Section 149 of the Indian Penal Code, 1860. The applicant approached this Court for grant of pre-arrest bail. 2.

Learned counsel for the applicant submitted that the applicant had been to his father-in-law's house to meet his son, at that time, there was hot exchange of words, and report is filed against him. In fact, no such incident has occurred. Whatever happened is out of the matrimonial dispute. 3.

He further submitted that as far as the custodial interrogation of the applicant is concerned, which is not required as nothing is recovered from him. The allegation against the present applicant shows that he has abused and assaulted, however, no weapon is involved in the said crime. The stick is already recovered by the investigating agency.

4.

Per contra, learned APP strongly opposed the present application, on the ground that custodial interrogation of the present applicant is required.

5.

After hearing both the sides and after going through the investigation papers, it seems that the applicant has used one stick which is already recovered. He has already cooperated with the investigating agency and attended the concerned Police Station. Thus, custodial interrogation of the present applicant is not required. In view of that, application deserves to be allowed. Accordingly, I proceed to pass the following order:

a) In the event of his arrest, the applicant Vinod Somaji Jadhav be released on anticipatory bail, on executing P.R. Bond in the sum of Rs. 15,000/- with one solvent surety in the like amount, in respect of Crime No. 637/2023 registered with Police Station, Mehkar, District Buldhana for the offence punishable under Sections 143, 147, 148, 324, 323, 504, 506 and 326 read with read with Section 149 of the Indian Penal Code, 1860.

b) The applicant shall attend the concerned Police Station as and when required for the investigation purpose and shall cooperate with the investigating agency.

c) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

d) The applicant shall not enter into the vicinity of Raheri Budruk, Tah. Sindhkhed Raja, District - Buldhana, till the culmination of the trial.

The criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.]