Bombay High Court
Abhishek Pisal And Ors vs The State Of Maharashtra on 13 June, 2017
Bench: V.K. Tahilramani
1. cri apeal 493-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 493 OF 2017
1. Abhishek Vilas Pisal,
2. Aniket Vilas Pisal,
3. Rahul Shivaji Pisal,
4. Pravin Pruthviraj Pisal,
5. Ajinkya Sayaji Pisal .. Appellants
Versus
The State of Maharashtra .. Respondent
...................
Appearances
Mr. Rajiv Patil, Sr. Advocate
i/by Mr. Prashant M. Patil Advocate for the Appellants
Mr. H.J. Dedia APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI &
SANDEEP K. SHINDE, JJ.
DATE : JUNE 13, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. This appeal has been preferred against the order dated
30.5.2017 passed by the learned Special Judge & Additional
Sessions Judge, Satara in bail application preferred by the
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appellants. By the said order, the bail application of the
appellants came to be rejected. The said bail application was
preferred in C.R. No. 131/2017 of Wai Police Station, Satara.
3. The case of the first informant is that he has a mobile
shop. One Mayuri used to come to his shop to recharge her
mobile, hence, he got acquainted with her. On 5.5.2017 at
about 5.00 p.m., the appellants came to his shop. They
made him forcibly sit in a vehicle. Then they took him to the
field and assaulted him with fist blows, kicks and with iron
rod. The assailants were telling the first informant that he
should not pursue their sister Mayuri. On account of this
incident, FIR was initially lodged by the informant under
Sections 324, 363, 504, 506, 143, 147, 148 and 149 of IPC.
Later some sections of S.C. & S.T. Act were added.
4. As far as the injury sustained by the the first informant
is concerned, it is noticed that there is no medical report
which shows that any fracture was sustained by him.
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5. Learned APP pointed out that the girl Mayuri has also
filed complaint against the first informant wherein she has
stated that the first informant was pursuing her and used to
frequently call her and try to establish contact with her.
6. As far as appellant Nos. 3 to 5 are concerned, they are
not named in the FIR. Moreover, though the FIR is dated
5.5.2017, till today, no further statement of the complainant
has been recorded to show that appellant Nos. 3 to 5 were
involved in the said case. Though these appellants are very
much available and are in custody, there is no material to
show that the first informant has identified these three
persons as having taken part in the incident.
6. Appellant Nos. 1 to 3 are in custody since 8.5.2017 and
appellant Nos. 4 and 5 are in custody since 9.5.2017.
Learned APP submitted that the first informant is not
cooperating with the investigation, hence, it is not possible
to complete the investigation. Looking to the fact that there
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is no material to show that the first informant had sustained
any fractures on account of assault sustained by him, we are
inclined to grant bail to all the appellants, hence, we proceed
to pass the following order:-
ORDER
i. Each of the the appellant to be released on
bail in the sum of Rs. 30,000/- each [ Rs.
Thirty Thousand Each ] with one or two
sureties to make up the said amount and P.R.
Bond in like amount.
ii. The appellants shall report to Wai Police
Station on every alternate day between 11.00
a.m. to 1.00 p.m. for a period of one month
and thereafter, they shall attend the
concerned Police Station once in a month i.e
on the first Sunday of every month till
conclusion of the trial.
5. The appeal is allowed in the above terms.
[ SANDEEP K. SHINDE, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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