Pramod S/O Pralhad Mude v. State Of Maharashtra, Thr. P.S.O. Bittergaon, Yavatmal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.569 OF 2016 (Pramod s/o Pralhad Mude vs. The State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri P.S. Chawhan, Advocate for applicant.

Shri C.A. Lokhande, Additional Public Prosecutor for respondent.

-------- CORAM : P.N. DESHMUKH, J.

DATED : JANUARY 09, 2017 Heard learned Counsel for both sides.

Applicant, who is involved in Crime No.79/2016 registered for the offences punishable under Sections 498-A, 326, 504 and 506(A) read with Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, has applied for grant of anticipatory bail.

Shri Chawhan, learned Counsel for applicant, submits that applicant is falsely involved and learned trial Court has rejected the application only on the ground that axe, alleged to have been involved in the present crime, is to be recovered. It is submitted that co-accused nos.2 to 7 involved in this crime are released by learned trial Court. The application is thus prayed to be allowed.

The record reveals that this Court granted interim protection to applicant by order dated 15/9/2016 and he was directed to cooperate with

2/3 investigation by attending Investigating Officer for a period of one week. The said direction is stated to be complied with. It is further noted that pending hearing of this application, prosecution was directed to place on record medical papers of complainant. Learned Additional Public Prosecutor in compliance of the said direction, has placed on record additional affidavit-inreply of Investigating Officer along with injury report issued by a private Hospital on 3/1/2017. Same is taken on record.

Perusal of first information report reveals that on 18/6/2016 applicant is alleged to have committed assault on complainant by axe on her head and below left knee, due to which she sustained serious injuries. In view of case of complainant as aforesaid, on perusal of medical report, complainant is stated to have sustained injury by way of fracture of tibial plateau by hard and blunt object. There is no reference whether alleged assault by axe was committed by blunt side of axe or by its handle. In that view of the matter, injuries sustained by complainant, which are claimed to be by axe, prima facie do not appear to be possible by weapon attributed to applicant. Even otherwise, applicant has attended Investigating Officer as per earlier directions. In that view of the matter, though application is opposed for want of interrogation of applicant for recovery of axe, this by itself is not sufficient to reject the application. Hence, the application is liable to be allowed as per order below : Interim protection granted to applicant vide

3/3 order dated 15/9/2016 stands confirmed on the same terms and conditions with further direction to applicant to attend Investigation Officer till filing of charge-sheet. The criminal application is accordingly allowed. JUDGE khj