Vishal Shankar Mahangade v. The State Of Maharashtra

1 ba717-15 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.717 OF 2015 Vishal Shankar Mahangade ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Rahul K.Dhargude for the applicant.

Mrs.Veera Shinde, A.P.P. for the respondent-State. CORAM : MRS.MRIDULA BHATKAR, J.

DATED : 20TH JULY, 2015 P.C. :- 1.

This application is made for bail. The applicant-accused is arrested in C.R. No.60/14 registered with Pusegaon police station, Satara for offences punishable section 307, 323, 143, 147, 148 & 149 of the Indian Penal Code. The F.I.R. was registered at the instance of Vikas Rajendra Jadhav on 30th June, 2014. It is the case of the complainant that he and the co-accused one Aniket Madne had a quarrel two months prior to the incident. However, it was settled. Thereafter on 30th June, 2014 in the morning when he along with his cousin brother were standing on the road at about 11.15 a.m., the applicant-accused and co-accused arrived there and they had sword in their hand and assaulted the complainant,

2 ba717-15 his cousin brother and his friend. Thereafter, offence was registered against all of them. Applicant-accused was arrested on 10th July, 2014. Hence this bail application.

2.

Learned counsel for the applicant-accused submitted that the role attributed to the applicant-accused is very limited. In fact, he was not present and he is falsely implicated. He is in prison since last one year and should be bailed out. 3.

Learned prosecutor submitted that the applicant accused was holding sword and he assaulted the complainant. He further submitted that one case of dacoity is pending against him. 3.

Perused the FIR and the statements of witnesses. As per the case of the complainant and other witnesses, the applicant was holding sword and he gave blow on the person of the complainant from front side. It was warded off by the complainant with his left hand. Perused the injury certificate. It discloses three injuries were sustained, two were of incised wound, one was on the shoulder and the second was on the left palm. Considering the charges made and the role attributed to the applicant-accused, I am inclined to grant bail. Hence the order.

(i) The applicant be released on bail on his furnishing PR bond in the sum of Rs.30,000/- with one or more sureties in the like

3 ba717-15 amount;

(ii) The applicant shall not indulge in any offence or pressurise the complainant or other witnesses.

(iii) In the event of the applicant committing any offence of any nature, the bail granted by this Court shall be cancelled forthwith;

(iv) The applicant shall not tamper with the evidence; (v) The Applicant shall furnish his residential address (es), cell phone number(s), land-line number(s) to the investigating officer.

(vi) The applicant to attend the Court dates regularly. (MRS.MRiDULA BHATKAR, J.)