Sachin Rajkumar Gawade v. The State Of Maharashtra
506_ABA_3056_24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3056 OF 2024 Sachin Rajkumar Gawade ...
Applicant vs.
The State of Maharashtra ...
Respondent Mr. Kuldeep S. Patil a/w. Ms. Saili Dhuru for applicant. Ms. Rutuja Anil Ambekar, APP for respondent-State. CORAM : MANISH PITALE, J.
DATE :
18th NOVEMBER, 2024 P.C. :
.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant is apprehending arrest in connection with FIR No.0431 of 2024 dated 10.10.2024, registered at Dighi Police Station, District Pimpri Chinchwad, for offences under Sections 134(a), 134(b) and 184 of the Motor Vehicles Act, 1988 and Sections 110, 125(b), 281 and 324(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3.
The informant has described the sequence of events that led to serious injuries to his associate, who was a pillion rider with him on a two-wheeler. It is alleged that the applicant drove the four-wheeler in such a manner that it resulted in severe injuries to the victim, including severance of one of his hands. On this basis, offence under Section 110 of the BNS, pertaining to attempt to commit culpable homicide, has been registered in present case. 4.
Despite the seriousness of the injuries, this Court is inclined to grant interim relief to the applicant, considering the fact that cross-FIR has been registered at the behest of the lady, who was accompanying the applicant in the four-wheeler, when the incident took place. Although the said cross-FIR was registered later, on 12.10.2024 in the very same police station, the 1/2
506_ABA_3056_24.doc description of the incident clearly has two versions. One thing common in the description of the incidents is that the genesis was a quarrel that happened between the parties, when the four-wheeler of the applicant appears to have dashed against the two-wheeler on which the informant and his associate were riding. The police separated the parties as traffic jam was occurring and thereafter, the incident took place, wherein the victim suffered serious injuries.
5.
It is stated that the applicant is an engineer, employed with a wellreputed company and he is ready to co-operate with the investigation. 6.
In view of the above, there shall be interim relief in the following terms:
(a) Till the next date, in the event the applicant is arrested in connection with FIR No.0431 of 2024 dated 10.10.2024, registered at Dighi Police Station, District Pimpri Chinchwad, he shall be released on bail on furnishing PR Bond of 50,000/- and one or two sureties in the like ₹ amount to the satisfaction of the trial court. (b) The applicant shall appear before the investigating officer on 21.11.2024 between 10:00 a.m. and 12:00 noon and thereafter as and when required by the investigating officer.
(c) The applicant shall not influence the informant, witness or any person concerned with the case and shall not tamper with the evidence. He shall co-operate with the investigation.
7.
Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.
8.
List for further consideration on 11.12.2024, High on Board. (MANISH PITALE, J) 2/2 Priya Kambli