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Bombay High CourtABA/637/2021disposed off

Sharad S/O Waman Sawale v. State Of Mah. Thr. Ps Shirpur Tq.Malegaon Dist.Washim

2021-10-04Hon'Ble Shri Justice Vinay Joshi2 pages

1 aba637.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) No.637 of 2021 (Sharad s/o Waman Sawale Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.B.Vaidya, Advocate for the applicant.

Mr. A.M. Deshpande, Addl. P.P. for the State. CORAM : VINAY JOSHI , J.

DATED : 04-10-2021 Heard.

2.

The applicant is seeking pre-arrest bail for the offences punishable under Sections 324, 504, 506, 143, 147, 147, 148, 149, 188, 269 and 270 of the Indian Penal Code and 135 of the Bombay Police Act. Later on, Section 307 of the Indian Penal Code has been added by Police on the basis of injury certificate. It is alleged that at the instance of village politics, there was assault by several persons in which the applicant assaulted on the head of the informant by means of axe causing bleeding injury.

3.

Perused case papers and particularly, injury certificates. There are statements specifying the role of the applicant of assaulting by means of axe. The injury certificate of the informant - Deepak is perused. He

2 aba637.21 sustained CLW at his right parietal region and the injury was of grievous nature. Prima facie, there is material to indicate that the applicant has used dangerous weapon and assaulted on the head namely, vital part of the body. The weapon used in the commission of the crime is to be seized.

4.

Having regard to the seriousness of offence and prime role assigned to the applicant, his custodial interrogation is necessary. In view of the above, the applicant is not entitled for pre-arrest bail. 5.

Criminal Application stands disposed of.

JUDGE ambulkar