Bombay High Court
Alankar Abhijit Mulik vs The State Of Maharashtra on 5 December, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2398 OF 2022
IN
CRIMINAL APPEAL NO.729 OF 2022
Alankar Abhijit Mulik .... Applicant
versus
State of Maharashtra .... Respondent
.......
• Mr. Umesh R. Mankapure, Advocate for Applicant.
• Smt. M. R. Tidke, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 05th DECEMBER, 2022
P.C. :
1. This is an application for bail pending final disposal of
the Criminal Appeal preferred by the Applicant. The Applicant
was convicted and sentenced by Additional Sessions Judge,
Kolhapur, vide his Judgment and Order dated 02/05/2022
Digitally
passed in Sessions Case No.246/2019. The Applicant was
signed by
MANUSHREE
MANUSHREE V
convicted for the commission of offence punishable u/s 307,
V NESARIKAR
NESARIKAR Date:
2022.12.07
11:19:57
+0530
504, 506 r/w 34 of the Indian Penal Code. The major
punishment imposed on him was simple imprisonment for 8
Nesarikar
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years besides imposition of fine. He was sentenced for lesser
period for other offences.
2. Heard Mr. Umesh R. Mankapure, learned counsel for
the Applicant and Smt. M. R. Tidke, learned APP for the State.
3. The prosecution case is that on 26/12/2018 the
Applicant had tried to extort money from one Tanaji Mane who
was cousin of the victim Umesh Mane in this case. On
27/12/2018 again the Applicant had gone to the house of
Umesh and had threatened his family. After that, the victim
Umesh along with Sambhaji Mane and Tanaji Mane went to the
place near a tree to meet the Applicant and to have discussion
with him. At that time, the Applicant was having a sickle in his
hand. When the victim and others tried to speak to him, the
Applicant gave a blow with sickle on Santosh Kshirsagar. He
avoided that blow. Then the Applicant tried to give a blow on
Umesh's head. Umesh put his left hand to protect his head. The
blow landed on his left hand causing injury to his left hand and
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head. After that Sambhaji, Tanaji and Santosh took him to
hospital. Then the offence was registered.
4. Learned counsel for Applicants submitted that the
Medical Officer Dr. Arunkumar Deshmukh who is examined as
P.W.14, has not opined that the injury was dangerous to life. He
submitted that the Applicant was not the aggressor. He was on
bail and during that period he has not committed any offence.
5. Learned APP opposed this application. She relied on
the medical evidence to contend that the injury was quite
serious and therefore offence u/s 307 of the Indian Penal Code
is made out.
6. I have considered these submissions. Umesh had
suffered 8 cms long bone deep injury on major portion of his left
palm. He had suffered CLW on left parietal scalp of the size 2.5
cms.
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7. The injury to his hand is quite long and there is one
more injury on the head. However the evidence of the victim
Umesh shows that the victim and his 3 friends Tanaji, Sambhaji
and Santosh had gone to the place where the Applicant was
standing with his friends. The Applicant had not gone to the
victim for assaulting him at the time of incident. Even after that
particular blow, though he was having weapon, no further blows
were inflicted on Umesh. At that time Umesh and his 3 friends
were helpless and were not carrying any weapons and yet the
Applicant has not given any further blows. Therefore whether
the ingredients of section 307 including the intention and
knowledge are proved or not, will have to be decided during
final hearing stage of the Appeal. The Applicant was on bail
during trial. He has not misused the liberty. There are some
allegations about the incident dated 26/12/2018. The Applicant
was a young boy of 19 years of age at the time of incident, as is
mentioned in the title of the trial Court's judgment. In this view
of the matter, some leniency can be shown to the Applicant for
granting bail pending Appeal. However some conditions are also
required to be imposed on him to curb his criminal activities.
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8. Hence, the following order :
ORDER
(i) During pendency and final disposal of the
Criminal Appeal No.729 of 2022, the Applicant is
directed to be released on bail on his furnishing
P.R. bond in the sum of Rs.30,000/- (Rupees
Thirty Thousand only), with one or two sureties
in the like amount.
(ii) The Applicant shall not enter the village
Ujalaiwadi, Taluka Karveer, District Kolhapur, for a
period of 3 years from today.
(iii) The Applicant shall report to the nearest police
station where he will be staying during that
period, once every month.
(iv) The Applicant shall inform the Investigating
Officer of this case about his place of residence
during his stay.
(v) Interim Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
