Dhananjay Shambhaji Mane v. The State Of Maharashtra
1/3 07 ABA-1393.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1393 OF 2021 Dhananjay Shambhaji Mane ..
Applicant Vs.
The State of Maharashtra ..
Respondent ...
Mr. Ramdas P. Hake Patil for the Applicant.
Mr. A.R. Kapadnis, A.P.P. for the State.
...
CORAM
: SMT. BHARATI DANGRE, J.
DATED : 15TH JULY, 2021.
P.C:- 1.
The Applicant is apprehending his arrest in C.R. No.25 of 2021 registered with Salgar Basti Police Station, Solapur, thereby invoking Sections 307, 504 and 506 of the IPC. 2.
The Complainant is the wife of the injured and the sisterin-law of the Applicant, who alleges that the Applicant is her brother-in-law and he had grudge against her husband on account of the property of her pre-deceased father-in-law. It is
2/3 07 ABA-1393.21.odt alleged by her that the Applicant was harassing her husband and mother-in-law for transferring the property in his name. 3.
On 22/02/2021, it is alleged by her that at 3.30 p.m., when her husband was present in the house along with one of his friends and one More uncle, the Applicant visited the house and hurled abuses and also spoken bad words against her mother-inlaw. At about 5.30 p.m, he again visited the house along with weapon like knife and assaulted the injured in his stomach, which resulted into stab wounds. The Complainant is an eyewitness to the said incident and has narrated the same in great detail.
4.
Learned A.P.P. has placed on record a medical certificate of the injured Sanjay Mane, who was taken to the CSM General Hospital, Solapur. The injuries in the said certificate are noted as follows:
"1. Stab wound 3 x 2 x depth penetrating internal organ on left side of abdomen in iliae region 2.
Stab wound 3 x 2 x depth penetrating internal organ, centre of abdomen below umbilicus.
3.
Incised wound 4 x 3 x 2 cm. on left forearm.
4.
Incised wound 4 x 3 x 2 cm on left forearm."
3/3 07 ABA-1393.21.odt 5.
Looking to the said certificate, the injuries are alleged to have been caused by sharp and double edged weapon and the nature of injury Nos. 1 and 2 are grievous in nature. The said injuries have been opined to be dangerous to the life. The injured was referred to the Department of Surgery and admitted in trauma center. He was also operated upon and ultimately came to be discharged on 07/03/2021.
6.
Perusal of the injury certificate itself makes it very apparent that the intention of the Applicant, which could be discerned from the organ at which the injury was intended, was likely to cause death. Prima facie, an offence punishable under Section 307 of the IPC has been made out since apart from the injured, the wife of the injured and other independent witnesses were present when the incident took place. This calls for custodial interrogation of the Applicant. Taking into consideration the gravity of the offence, the Application is rejected.
[SMT. BHARATI DANGRE, J.]