Sahil Ganesh Dabode v. State Of Mah.Thr. Pso Mangrul Dastgir Amravati

1 23aba848.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 848/2021 (Shri Sahil Ganesh Dabode 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. M. Bhangde, Advocate for applicant.

Shri S. D. Sirpurkar, APP for non-applicant /State. CORAM : VINAY JOSHI, J.

DATED : 21.12.2021.

Heard 2.

This is an application seeking pre-arrest bail in Crime No. 340/2021 registered with the Police Station Mangarul-Dast, District Amravati for offence punishable under Sections 307, 294, 506 of the Indian Penal Code. The applicant seeks bail on the ground of innocence, false implication and absence of role in the assault. The State resisted bail by filing reply affidavit.

3.

The incident arises out of quarrel occurred in the Hotel on account of payment of bill. At the relevant time, co-accused Vikas Goyal abruptly stabbed at the stomach of Hotel owner. The applicant was present along with coaccused in the Hotel as a customer. Learned APP pointed that the injured in his statement assigned the role to the applicant of beating by fist blows and kicks. Admittedly, the main allegation of stabbing by knife is against the coaccused who is released on bail. It is a matter of trial that whether the applicant has shared common intention at the time of occurrence. Prima facie, the role of applicant is of

2 23aba848.21 accompanying the main accused or at the most giving fist blows.

4.

Considering all these aspects, the applicant's liberty can be protected by directing him to join the course of investigation. In view of that, following order:- (I) Application stands allowed and disposed of.

(II) Ad-interim order dated 10.12.2021 is hereby made absolute on the same terms and conditions. (III) Henceforth, the applicant shall attend the concerned Police Station on every Sunday in between 12.00 noon to 02.00 p.m. till filing of the charge-sheet or 90 days whichever is earlier.

JUDGE Gohane by JITENDRA BHARAT GOHANE Date:

2021.12.22 14:40:55 +0530 JITENDRA BHARAT GOHANE