Mayur Dayanand Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2297 OF 2022 Mr. Mayur Dayanand Pawar .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Dilip Bodake for the Applicant.

Mr. P.H. Gaikwad, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 24th AUGUST, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. for pre-arrest bail in C.R.No.188/2022 registered with Vaduj Police Station, Dist. Satara for offences punishable under sections 307, 504, 506 r/w. 34 of the Indian Penal Code.

2.

Heard Mr. Bodake, learned counsel for the Applicant and Mr. Gaikwad, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The aforesaid crime was registered pursuant to the First Information Report lodged by Nilesh Patole. A perusal of the FIR 1/3

reveals that the Applicant and his friends as well as the complainant were celebrating birthday of co-accused - Amol Mahadu. There was altercation between them. It is alleged that while the complainant and others were proceeding towards their residence, the co-accused Saurabh Pawar and the Applicant stopped him. The Applicant held him and Saurabh Pawar inflicted a blow of knife on his back. It is also alleged that the co-accused inflicted blows of knife on Rajendra Jadhav. The FIR as well as the statement of the witnesses prima facie indicate that the co-accused Saurabh Pawar was armed with a knife and that he had inflicted injuries on the complainant and Rajendra Jadhav. Prima facie, the Applicant was not armed with any weapon. He had not inflicted any injury on the complainant or the witnesses by means of any sharp weapon.

4.

Considering the nature of accusations as against this Applicant, in my considered view, this would not be a case for custodial interrogation. Hence, the Application is allowed on following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.188/2022 registered with Vaduj Police Station, Dist. Satara, he shall be released on bail on furnishing P.R. bonds in 2/3

the sum of Rs.25,000/- with one or more sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer for four days from 29/08/2022 from 10:00 a.m. to 01:00 p.m. and further as and when required by the Investigating Officer. (c) The Applicant shall not interfere with the complainant and the other prosecution witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;

(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.08.25 17:55:58 +0530 3/3