Amar Sukhdeo Pawar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1182 OF 2019 Amar Sukhdeo Pawar.

] ... Applicant

Versus

The State of Maharashtra.

] ... Respondent Mr. V. V. Purwant for Applicant.

Mr. S. H. Yadav, APP for State.

Mr. Anil A. Devade, API attached to Solapur Taluka Police Station, present.

CORAM :­ SARANG V. KOTWAL, J.

DATE :­ 03 JUNE, 2019 P. C. :­ 1.

The Applicant is seeking anticipatory bail in connection with C.R.No.302 of 2019 registered with Solapur Taluka Police Station, Solapur, under Sections 326, 323, 143, 147, 148, 504 and 506 read with 34 of the IPC.

2.

The FIR is lodged by one Ashwin Pawar. He has mentioned in his FIR that on 28/04/2019 at around 6.45 p.m., there was some quarrel between him and 4 others which included the URS 1 of 3

2 13­ABA 1182­19.odt present Applicant. He has further alleged that the present Applicant, Bibhishan Pawar, Akshay Pawar and Saurav Bankar assaulted the first informant with iron rod causing bleeding injury. When his father and uncle came to rescue him, they assaulted them with fist and kick blows. The accused threatened them with dire consequences. The first informant was taken to Solapur Taluka Police Station by his father and uncle. Thereafter, he was taken to hospital with Yadi given by the police station. The Applicant had preferred anticipatory bail application before the Sessions Court at Solapur which was rejected vide order dated 21/05/2019.

3.

I have heard Mr. V. V. Purwant, learned Counsel for the Applicant and Mr. S. H. Yadav, learned APP for State. I have perused the injury certificate in respect of the first informant. There are 3 injuries ­ 2 of them are contused lacerated wounds and one is blunt trauma and the injuries are described as simple injuries. Therefore, the offence under Section 326 of the IPC is not made out. The allegations do not travel beyond Section 324 of the IPC. Therefore, the Applicant is entitled for relief of anticipatory bail. Hence, the following order.

URS 2 of 3

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ORDER

In the event of his arrest in connection with C.R.No.302 of 2019 registered with Solapur Taluka Police Station, Solapur, the Applicant be released on bail on his executing P.R. bond in the sum of Rs.25,000/­ (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(SARANG V. KOTWAL, J.) URS 3 of 3