Bombay High Court
Ratan @ Ratilal Prabhu Bhosale And ... vs The State Of Maharashtra And Anr on 19 October, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3537 OF 2022
IN
CRIMINAL APPEAL NO. 1034 OF 2022
1. Ratan @ Ratilal Prabhu Bhosale
2. Sunil Chandrakant Kamble ..Applicants
Versus
The State of Maharashtra & Anr. ..Respondents
__________
Mr. Priyal G. Sarda, for Appellants.
Mr. P. H. Gaikwad, APP for State/Respondent No.1.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 19th OCTOBER 2022
PC :
1. This is an application for bail pending the hearing and
final disposal of Criminal Appeal No.1034 of 2022 preferred by the
applicants. The applicants are convicted and sentenced by learned
Additional Sessions Judge, Solapur vide his Judgment and order
dated 07/10/2022 passed in Sessions Case No.236 of 2017. Both
of them were convicted for commission of offence punishable
U/s.307 r/w. 34 of I.P.C. and were sentenced to suffer R.I. for 5
years each and to pay a fine of Rs.1000/- each and in default of
Digitally
signed by
VINOD
payment of fine to suffer imprisonment for one month each.
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2022.10.19
14:30:28 Gokhale
+0530
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2. The prosecution case is that the first informant-PW-1
Anil Kamble and both these applicants were working in transport
department of the Solapur Municipal Corporation. On
23/10/2016, the applicants were teasing the PW-1 and during
their playful interaction with each other they made him lie down
on the ground. His clothes became dirty. The applicant Sunil
Kamble picked up a pipe of compressed air and started blowing
compressed air on his clothes to clean them. At that time, the
applicant Ratan Bhosale asked Sunil to put that air in PW-1's anus.
The applicant Sunil did that and the compressed air went inside
the body of the PW-1. He felt uneasy. He was taken to hospital. He
was treated in the hospital till 04/11/2016. After that he lodged
his F.I.R. on 06/11/2016. The investigation was carried out. Both
the applicants faced the trial and were convicted and sentenced, as
mentioned earlier.
3. Shri. Sarda, learned counsel for the applicants submitted
that, there was neither any intention nor motive to commit this
offence which are the main ingredients of Section 307 of I.P.C. The
incident had happened while they were teasing each other.
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Though, it was a mindless act on the part of the applicants, they
certainly did not have any intention to cause any grievous hurt to
the informant. He submitted that, at the highest, Section 338 of
I.P.C. can be applied. He further submitted that, there is delay in
lodging F.I.R. and there are witnesses who have deposed and
described the incident in different manner.
4. Learned APP opposed this application. He submitted that
the first informant had been operated and, therefore, it shows that
the incident was serious.
5. I have considered these submissions. I have also perused
the evidence of Medical officer - PW-9 who had treated the PW-1.
He has deposed that, PW-1 was admitted on 23/10/2016. PW-9
had then repaired the intestine and exploratory laparotomy was
done. The injury was dangerous to the life of the patient.
6. Thus, there is no doubt that the incident had taken
place. Therefore, delay in lodging the F.I.R. would not matter.
However, there is some substance in the submission of Shri. Sarda
that, there was no intention to cause this injury to the victim. It
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was a rash and negligent act. But, whether there was any other
intention, will have to be decided at the final hearing stage.
Considering these aspects, the applicants have made out a case for
their release on anticipatory bail. Therefore, I am inclined to grant
bail to the applicants. Shri. Sarda invited my attention to a copy of
the wedding card annexed to this application which shows that the
applicant No.1's son is to get married tomorrow i.e. on
20/10/2022. Therefore, it is necessary that the applicant No.1 is
able to attend the marriage. Considering this urgency, for the time
being, the applicant No.1 can be permitted to furnish cash bail.
7. Hence, the order:
ORDER
i) During pendency and final disposal of Criminal
Appeal No.1034 of 2022, both the applicants are
directed to be released on executing their P. R.
Bonds in the sum of Rs.30000/- each with one or
two sureties each in the like amount.
ii) The Applicant No.1 Ratan @ Ratilal Prabhu
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Bhosale is permitted to furnish cash bail of
Rs.30000/- for a period of two weeks from today.
Within that period, he will have to furnish
sureties as directed.
iii)It is made clear that, this facility is granted only to
the applicant No.1 Ratan @ Ratilal Prabhu
Bhosale, because of the wedding of his son on
20/10/2022.
iv) The Application is disposed of accordingly.
(SARANG V. KOTWAL, J.)
