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Bombay High CourtABA/3445/2022disposed off

Basavraj Guruninga Patil v. State Of Maharashtra

2023-01-12Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.03.15 14:28:52 +0530 MANGALTAI JAYWANT JADHAV 903-ABA-3445-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3445 OF 2022 Basavraj Guruninga Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Kuldeep Nikam for the Applicant.

Ms Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 12 JANUARY 2023 P.C. :- This is an application under Section 438 of the Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No. 622 of 2022 registered at Jath police station for the offences punishable under Sections 143, 147, 148, 149, 324, 323, 326, 504 of the Indian Penal Code. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

4.

There appears to be dispute between the complainant and accused on account of ownership of agricultural land. It is alleged that on account of said dispute on the date of alleged incident, which took place on 26 October 2022 the present applicant and other co-accused assaulted to the MJ Jadhav 1 / 2

903-ABA-3445-22.odt complainant and to the witnesses by sticks and iron rod and caused them grievous hurt.

5.

The learned counsel for the applicant submits that the present applicant is a Doctor. He has nothing to do with the alleged crime. It is submitted that there is no need of custodial interrogation. 6.

I have perused the FIR. No specific overt act is attributed to the present applicant. There are no other criminal antecedents. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. Hence, the following order is passed: (i) Application is allowed.

(ii) In the event of arrest of the applicant in Crime No. 622 of 2022 registered at Jath police station for the offences punishable under Sections 143, 147, 148, 149, 324, 323, 326, 504 of the Indian Penal Code, he shall released on anticipatory bail on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount. (iii) The applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2