Namdev Laxman Girsawale And 2 Others v. State Of Mha. Thr. Pso Ps Hinganghat Dist.Wardha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 299/2022 Namdev Laxman aGirsawale and ors...Versus...State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. M.N.Ali Advocate for applicants Ms. T.H.Udheshi, Advocate for respondent/State CORAM : AVINASH G. GHAROTE, J.

DATE : 25/04/2022 1] Heard Mr. Ali, learned counsel for the applicants and Ms. Udheshi, learned APP for respondent/State. 2] The applicants have been arraigned for the offence under Sections 326, 504, 34 of the IPC in Crime No.272/2022. The incident is dated 5.3.2022. The applicant Nos. 1 and 2 had been arrested on the same day, whereas applicant no. 3 was arrested on 6.3.2022.

3] Mr. Ali, learned counsel for the applicants submits that the applicants have been falsely implicated. He submits that even otherwise the action attributed to the applicant Nos. 1 and 2 would indicate that there was no assault on any vital part of the body and therefore, these applicants are entitled to bail. He further submits that in so far as applicant No. 3 is concerned, he is also entitled to bail, considering the nature of

the injury.

4] Learned APP opposes the application and submits that the record indicates the role of all the applicants, in assaulting the complainant and therefore, the application needs to be rejected.

5] On 5.3.2022 at about 10 a.m. on a suspicion that the complainant was abusing the applicants who were his neighbours, the applicants went to the house of the complainant and assaulted him, resulting in the FIR. It is however material to note, the assault attributed to the applicant No.1 Namdeo is by a wooden stick on the leg of the complainant and that by the applicant No. 2 Indrapal, is by a hockey stick on the leg. Though this has resulted in the fracture of the leg and therefore, can be classified as a grievous injury, however considering that the assault is not on any vital part of the body, a case for bail is made out. 6] In so far as the applicant No. 3 is concerned, the record indicates that the assault by him was by an iron rod on the head of the complainant, due to which, at this stage I am not inclined to accept the application on his behalf. It is contended that the applicant No. 3 is a student and therefore, would be required to appear in the ensuing examination, however, there is nothing on record to indicate whether the

applicant has filled in the exam form for the ensuing examination for the 2nd year of Electrical Engineering, considering which the application in so far as the applicant No. 3 is concerned is rejected. It is however, made clear that in case, the applicant No.3 would be appearing in any examination, liberty is granted to him to move the Court on that ground restricted to the appearance in the examination and nothing else. Hence the following order.

O R D E R I] Application is partly allowed. Applicant No. 1 Namdev Laxman Girsawale and Applicant No.2 - Indrapal Namdev Girsawale, be released on bail for the offence punishable under Sections 326, 504, 34 of the IPC in Crime No.272/2022 registered with Hinganghat Police Station, District-Wardha, on their executing PR bond in the sum of Rs. 50,000/- each with two solvent sureties each in the like amount.

II] The applicants shall not tamper with the prosecution evidence, nor shall directly or indirectly influence the prosecution witnesses in any manner.

III] The applicants shall coperate with the Investigating Officer and remain present in the Police Station

as and when called upon.

IV] Upon the charge-sheet being filed, the applicants shall appear in the trial Court on all dates and ensure that the trial is not protracted on their count.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: