Madhukar Bhoju Chavhan (In Jail) v. The State Of Maharashtra, Through Local Crime Branch, Washim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No.285 of 2015 [Madhukar Bhoju Chavhan Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Harshvardhan Dhumale, Adv., for the applicant. Mr. Ahirkar, APP for respondent.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

18th June, 2015.

Heard learned counsel for the rival parties. Perused the FIR as well as the statements.

Learned counsel for the applicant submits that the applicant Madhukar is aged about 73 years and is suffering from diseases. Pointing out my attention to the role of the applicant alleging that he assaulted Devidas by means of a wooden plank, he submitted that the offence under Section 307 of Indian Penal Code cannot be made out.

I have perused the Discharge Card issued by Wockhardt Hospitals, Nagpur, in respect of Devidas Chavan. The same shows that he was diagnosed with deep venous thrombosis of left lower limb, was treated and was discharged. The Discharge Card, thus, clearly shows no injury to any vital part and as such I am inclined to make the following order:-

O R D E R

[a] Criminal Application No. 285 of 2015 is allowed.

[b] Applicant be released on bail upon furnishing a Personal Bond in a sum of Rs.

10,000/- [rupees ten thousand only] with one surety in the like amount.

[c] Applicant shall shall not enter the boundary of Somnath Nagar, Manora, Tq.

Manora, Distt. Washim.

Judge |hedau|