Pandit Sahebrao Veer v. The State Of Maharashtra

1 914-ABA No.1454-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1454 OF 2019 Pandit Sahebrao Veer ] ... Applicant

Versus

The State of Maharashtra ] ... Respondent Mr. Akshay Gosavi, Advocate for the Applicant. Smt. A.A. Takalkar, APP for the State/Respondent. CORAM :­ SARANG V. KOTWAL, J.

DATE :­ 10 th JULY, 2019.

P. C. :­ 1.

The applicant is seeking anticipatory bail in connection with C.R.No.275/2019 registered with Karmala Police Station, Solapur Rural u/sec. 307, 326, 341, 504, 506, 143, 147, 148 r/w 149 of I.P.C. and u/sec. 135 of Maharashtra Police Act.

2.

The FIR is lodged by Pradeep Kshirsagar. He has stated that he was having requisite licence for removing sludge sand from a pond at village Pande. The applicant's group was always opposing his regular work. On 15/04/2019 when his operators were removing sand, at that time 10 persons from the applicant's group including the present

2 914-ABA No.1454-19.doc applicant obstructed that work. When he was going towards the spot, all these persons intercepted his motorcycle. They started assaulting him with kicks and fist blows. The accused Prem @ Gotiram assaulted the informant with iron rod on his head. The others also assaulted with respective weapons like iron rods and swords. Some of the accused were carrying wooden sticks. Neither any specific weapon nor any role is attributed to the present applicant. The injured informant had suffered skull fracture. Thereafter, the offence is registered under Section 307 of I.P.C.

3.

Heard Mr. Akshay Gosavi, Ld. Counsel for the Applicant and Smt. A.A. Takalkar, APP for the State/Respondent. 4.

Today, the Ld. Counsel for the applicant has produced on record the latest medical certificate dated 09/07/2019 issued by the Ashwini Sahakari Rugnalaya Ani Sanshodhan Kendra Niy., Solapur in respect of the medical condition of the present applicant. The medical certificate shows that the applicant is suffering from Liver Cirrhosis (HEP­B) since November 2016 and is advised to undergo longterm treatment.

3 914-ABA No.1454-19.doc 5.

Considering the minor role attributed to the present applicant and also considering that no specific weapon is attributed to him, in view of his medical condition, the applicant is protected by the relief of anticipatory bail. Hence, the following order.

ORDER

1.

In the event of his arrest in connection with C.R.No.275/2019 registered with Karmala Police Station, Solapur Rural the Applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/­ (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

2.

Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)