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Bombay High CourtABA/2106/2017others disposed off

Santosh S/O Trimbak Gulve v. The State Of Maharashtra

2018-04-12Hon'Ble Shri Justice P.N. Deshmukh2 pages

rsk 1/2 10-ABA-2106-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2106 OF 2017 Santosh Trimbak Gulve ..Applicant vs.

The State of Maharashtra

...Respondent

­­­­ Mr. Sanjiv Kadam i/b Mr. Sachin K. Hande for Applicant . Ms. Veera Shinde, APP for the Respondent.

Mr. D. S. Lawate, PC, Akluj Police Station, Solapur (Gramin) ­­­­ CORAM : P. N. DESHMUKH, J.

DATE : 12th APRIL, 2018 P.C.:

.

This application is for seeking anticipatory bail by applicant involved in C.R. No.538/2017 registered with Akluj Police Station for the offence punishable under sections 452, 326, 504, 506 of the IPC. 2.

Mr. Kadam, learned counsel for applicant has pointed out that inspite of sufficient time granted to prosecution to place on record injury certificate of complainant with reference to the injury, the same is not produced. The order dated 26/3/2018 reveals that time was grant to prosecution to place on record injury certificate of complainant with respect to eye injury alleged to be sustained by complainant due to acid mixed water thrown on his face. As stated in the report lodged by Sunil Patil, brother of injured Popat Patil, he attributed only role to applicant of having thrown acid mixed water on face of his brother. 3.

Ms.Shinde, Learned APP on instruction from Investigating Officer has tendered on board injury certificate of Popat Patil issued by Sub District Hospital, Akluj dated 23/6/2017, according to which left eye of

rsk 2/2 10-ABA-2106-17.doc complainant's brother was noted to be swollen with congestions and for obtaining opinion was referred to Civil Hospital, Solapur. Despite of that further injury report is not collected.

4.

In that view of the matter it is material to note that inspite of time granted to prosecution to place on record injury report same is not filed without giving any sufficient reason. In the circumstances, following order is passed:

ORDER

i) Interim protection granted to applicant dated 30/11/2017 stands confirmed on same terms and conditions; ii) Applicant is however directed to attend Investigating Officer if called till filing of charge­sheet if not filed till today. (P.N. DESHMUKH, J)