Subhash Rajaram Bhosale vs The State Of Maharashtra
2022 Latest Caselaw 8372 Bom

        Megha                                               904_aba_2327_2022.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                     ANTICIPATORY BAIL APPLICATION NO.2327 OF 2022

        Subhash Rajaram Bhosale                            ...Applicant
                         Versus
        The State of Maharashtra                          ...Respondent
                                          ...
        Mr. Purshottam Chavan for the Applicant.
        Ms S.S. Kaushik, APP for Respondent -State.


                                        CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 25th AUGUST, 2022.

P.C.:-

1. This is an application under Section 438 of Cr.P.C. fled by the

Applicant for pre-arrest bail in Crime No.334 of 2022 registered with

Pandharpur Taluka Police Station, Solapur (rural), for ofences

punishable under Sections 326 and 506 r/w. 34 of the IPC.

2. Heard Mr. Purshottam Chavan, learned counsel for the

Applicant and Ms S.S. Kaushik, learned APP for the Respondent-State.

Perused the records and considered the submissions advanced by the

learned counsel for the respective parties.

3. The aforesaid crime was registered pursuant to the FIR

lodged by Shamrao Gopal Bhosle, the injured. A perusal of the FIR Digitally signed by MEGHA MEGHA S PARAB S Date:

PARAB   2022.08.29
        17:31:49
        +0530

 Megha                                            904_aba_2327_2022.doc

prima facie reveals that there is property dispute between the

Complainant and the family members of the Applicant. The

Complainant has alleged that on 10/05/2022 at about 3.00 p.m. while

he was cutting the grass, the Applicant came to the place of incident

with an axe and inficted a blow of an axe on his head and as a result he

sustained injuries.

4. Learned APP seeks time to place on record medical

certifcate. Nevertheless, the judgment of the Sessions Court prima

facie reveals that the Complainant had sustained CLW at mid parietal

region and abrasion on right side of abdomen and injuries were of

simple nature. Hence, prima facie ingredients of Section 326 are not

made out.

5. Considering the above facts and circumstances, the

Applicant is entitled for interim protection at this stage on the

following terms and conditions:-

(i) In the event of arrest of the Applicant in Crime No.334

of 2022 registered with Pandharpur Taluka Police

Station, Solapur (rural), the Applicant is ordered to be

released on interim bail on furnishing bail bonds of

Rs.25,000/- with one or two sureties in the like amount.

 Megha                                                     904_aba_2327_2022.doc




        (ii) The   Applicant    shall    report      to     the    concerned

Investigating Ofcer for a period of three days from

29/08/2022 between 10.00 a.m. to 1.00 p.m. and shall

co-operate with the investigation.

(iii) The Applicant shall not tamper with the prosecution

evidence and or shall not interfere with the

complainant, his family members and other witnesses

in any manner.

(iv) The Applicant shall keep the Investigating Ofcer

informed of his current address and mobile contact

number(s), and /or change of residence or mobile

details, if any, from time to time.

6. Stand over to 12/09/2022.

(SMT. ANUJA PRABHUDESSAI, J.)