Bhagwan Shesherao Mate v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 ANTICIPATORY BAIL APPLICATION NO. 919 OF 2024 BHAGWAN SHESHERAO MATE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Muthal Mahesh L. APP for Respondents/State : Mrs. A.S. Mantri ...

CORAM : KISHORE C. SANT, J.

(VACATION COURT) DATE : 05th JUNE, 2024.

PER COURT :

1.

Heard the learned Advocate for the applicant and the learned APP for the Respondents/State.

2.

Issue notice to the respondents, returnable on 26.06.2024.

3.

Learned APP waives service of notice for the respondents/State.

4.

On the point of grant of interim relief the learned Advocate for the applicant argued that though the offence is registered under Section 307 of the IPC. The contents of the FIR would show that no any ingredients of Section 307 of the IPC are attracted. The only allegation is that the applicant tried to assault the informant with sickle. No injuries as such have been received by the informant. He would thus submit that a case made out to grant of ad-interim relief.

5.

Learned APP for the Respondents/State opposes the application stating that the applicant has used a dangerous weapon. Thereafter, he also pelted stones at the informant, in which the informant has received injuries to his leg. The applicant is absconding since the date of registration of the FIR. She thus prays that no ad-interim relief be granted. 6.

On going through the FIR it does appear that the applicant had come with a sickle on spot. The allegations further show that he tried to assault the informant. In the FIR there is no mention that the injuries are received by the informant by sickle. The injuries received by the informant are

only on the chest due to pelting of the stones. 7.

This Court, prima-facie finds that no ingredients of Section 307 of the IPC are present in the FIR. The case is therefore, made out for grant of ad-interim relief. Hence the following order :

ORDER

a) Till the next date, in the event of arrest of the applicant, in connection with FIR No. 188 of 2024 registered with Fulambri Police Station for the offences punishable under Sections 307, 324, 323, 504, 506, 427, 336 r/w 34 of the IPC, he shall be released on bail on furnishing PR bond of Rs. 15,000/- (Rs. Fifteen Thousand) with one solvent surety in the like amount, on following conditions :

(i) The applicant shall not try to influence the investigation.

(ii) The applicant shall not try to contact the prosecution witnesses.

(iii) The applicant shall furnish their residential addresses, mobile numbers and other contact details with the concerned Police Station. If there is any change in the contact details the applicant

shall inform the same to the concerned Police Station.

(iv) The applicant shall attend the concerned Police Station as and when called by the Investigation Officer.

( KISHORE C. SANT ) JUDGE mahajansb/