Sachin Subhash Suryavanshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1001 OF 2021 Sachin Suryavanshi ... Applicant V/s.

The State of Maharashtra ... Respondent ------------------- Mr. Vaibhav R. Gaikwad, Advocate for the Applicant. Mr. K.V. Saste, APP for the Respondent - State. --------------------- CORAM : SMT. SADHANA S. JADHAV, J.

DATED : 23rd APRIL 2021.

P.C. :

Through video conference 1.

Heard the learned counsel for the applicant and the learned APP for the Respondent - State.

2.

This is an application under section 438 of Code of Criminal Procedure. The applicant herein is apprehending his arrest in Crime No.62 of 2021 registered at Umbraj Police Station for the offences punishable under sections 143, 147, 148, 149, 326, 504 and 506 of Indian Penal Code.

3.

On 8th January 2021, Bhagwan P. Jadhav lodged a report at the Police Station alleging therein that on that day at about 8.15 pm Ganesh Hajare was driving his car and the present applicant was also

travelling in the same car. That, upon seeing the complainant they had stopped. Ganesh Hajare had a grievance that the complainant had complained against him to the Tahsildar and therefore, Ganesh assaulted the complainant with an iron bar. The present applicant had assaulted Vikram Jadhav with fist blows when he attempted to intervene in the quarrel between Ganesh and the complainant. The only allegations against the applicant is that he has assaulted witness with fist blows. In the present case, subsequently, section 307 of Indian Penal Code is added.

4.

The learned APP submits that the present applicant had one criminal antecedent and that he has aided Ganesh Hajare in assaulting the complainant. Taking into consideration the nature of the allegations and the fact that the present applicant was an exserviceman, the applicant deserves to pre-arrest bail as no case for custodial interrogation is made out. Hence, the following order :-

ORDER

(i) In the event of arrest in Crime No.62 of 2021 registered at Umbraj Police Station, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- and one or more solvent sureties in the like amount;

(ii) Applicant shall co-operate with the Investigating Agency and report to the Investigating Agency on 4 consecutive Mondays between 10.00 am to 12.00 noon;

(iii) Application stands disposed of.

5.

Parties to act upon authenticated copy of the order. (SMT. SADHANA S. JADHAV, J)